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BCC Minutes 11/09/1999 RNovember 9, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 9, 1999 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created'according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRWOMAN: Pamela S. Mac'Kie Barbara B. Berry John C. Norris Timothy J. Constantine James D. Carter Robert Fernandez, County Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 9, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Minister Art Holt, Unity of Naples Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 1 November 9, 1999 4. APPROVAL OF MINUTES A. October 12, 1999 - Regular Meeting B. October 14, 1999 - Emergency Meeting C. October 20, 1999 - Special Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming Tuesday, November 16, 1999 as Neapolitan Civitan Day. To be accepted by Mr. Sydney Fishman, Past International President, Civitan International; Mr. Ronald Estabrook, President, Neapolitan Civitan Club; Mr. John Lawson, President Elect, Neapolitan Civitan Club; and Ms. Corinne Hartfield, Founding Member, Neapolitan Civitan Club 2) Proclamation proclaiming the Month of November as Collier County Adoption Month. To be accepted by Ms. Theresa lamurri, President, Adoption Task Force of Southwest Florida 3) Proclamation proclaiming November 21-27, 1999 as Farm-City Week. To be accepted by Mrs. Liesa Priddy, Chairman, Farm-City Committee. 4) Proclamation designating November 20, 1999 as Free Day, State Park Recognition Day within Collier County and proclaiming November 1999 be celebrated as Florida State Parks month, voted America's best. To be accepted by Greg Toppin. 2 November 9, 1999 Be SERVICE AWARDS COMMUNITY DEVELOPMENT Janet Go, Pollution Control Sonia Grafton, Building Review EMERGENCY SERVICES Maureen Matthews, EMS PUBLIC SERVICES Clair Oss, Library PUBLIC WORKS Stephen Nagy, Wastewater Marc Frazzano, Wastewater Michael Farrell, Transportation 10 Years 10 Years 5 Years 10 Years 1 $ Years 10 Years 10 Years PRESENTATIONS 1) Recommendation to recognize John Augustyn, Plant Operator II, Water Department, as Employee of the Month for November 1999. e APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request by Jeanine Novello representing the Exceptional Student Education Office of Collier County Public Schools for a waiver of the application fee for a Temporary Use Permit. 2) Street name revision for Landfill Road to White Lake Boulevard. 3 November 9, 1999 To present the Bayshore/Gateway Triangle Redevelopment Plan prepared by Landers-Atkins Planners Inc. and to direct staff to begin implementation of the plan. B. PUBLIC WORKS Report on additional Landscaping Improvements for the recently completed Davis Boulevard Phase II Beautification Project (Airport- Pulling Road to County Barn Road), Project No. 60013. C. PUBLIC SERVICES Review options relating to lease between Collier County and the Gulf Coast Skimmers Water Ski Show, Inc. (GCS), including possible shared use of Lake Avalon and other leased facilities by two factions within GCS, suspension of Lessee's operations, or termination of the lease agreement. Approval of a personal grant from the Friends of the Library to institute a formal literacy program within the Collier County Public Library system. D. SUPPORT SERVICES Ee COUNTY ADMINISTRATOR 1) Adoption of Policies and Organizational Changes to enhance the efficiency of future road projects. 4 November 9, 1999 Request to enhance vacation time to promote longevity and employee retention. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT 10. BOARD A. B. C. D. OF COUNTY COMMISSIONERS County Administrator's Evaluation. Appointment of member to the Affordable Housing Commission. Appointment of members to the County Government Productivity Committee. Discussion and possible direction regarding the Immokalee Road design and water quality swale. (Commissioner Mac'Kie) 11. OTHER ITEMS 5 November 9, 1999 A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATEI,Y FOI,I,OWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS Petition PUD 98-16(1) David R. Underhill, Jr., P.E., of Banks Engineering, Inc., representing U.S. Home Corporation, requesting a rezone from "PUD" to "PUD" known as Cedar Hammock PUD for the purpose of amending the PUD document having the effect of revising the roadway cross sections and applicable text of the PUD document to substitute two, four foot wide bike lanes for a required five foot wide sidewalk on one side of Cedar Hammock Boulevard, a local street and to allow sidewalks required on both sides of a local street to be placed on one side of Cedar Hammock Boulevard, for property located south of Davis Boulevard and west of C.R. 951, in Section 3, Township 50 South, Range 25 East, Collier County, Florida, consisting of 418+/-acres. Petition PUD 99-12, Mr. Michael R. Fernandez of Planning Development, Inc., representing Marian H. Gerace, Trustee, requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Banyan Woods PUD allowing for 342 dwelling units and conditional uses for a church and/or assisted living facility (ALF) for property located on the east side of Airport Pulling Road (C.R. 31) and south of the Carillon PUD, in Section 13, Township 49 South, Range 25 East, Collier County, Florida, Florida consisting of 48.87 acres more or less. 6 November 9, 1999 C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS Petition CU-99-08, Emilio J. Robau, PE, of RWA, Inc., representing Jassy Real Estate Investments, Inc., requesting conditional use "17" of the "A" zoning district for a golf course in Section 24, Township 50 South, Range 27 East, Collier County, Florida, consisting of 313.56+/- acres. e Petition CU 99-16, R. Bruce Anderson representing SR 846 Land Trust, requesting the approval of a conditional use for an earth mining activity on a parcel of land zoned "A" Agricultural located on the west side of Immokalee Road approximately 1.5 miles north of the County fair grounds and further described as Sections 1 and 2, Township 48 South, Range 27 East and Sections 35 and 36, Township 47 South, Range 27 East, Collier County Florida. This parcel consists of approximately 2,564 acres. B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 7 November 9, 1999 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition C-99-10, Terry Wolfson, President, Collier County Agricultural Fair and Exposition, Inc., requesting a permit to conduct the annual Collier County Agricultural Fair on January 7 through 15, 2000, at the Collier County Fair Grounds located on Immokalee Road (SR-846) North Golden Gate. B. PUBLIC WORKS 1) Approve Change Order related to the Reclaimed Water Back Pressure Sustaining Valves Project, Contract 98-2874, Project 74020. 2) Approve a Budget Amendment to transfer funds to cover Construction Management and Inspection in fiscal year 2000 for the Proposed Pathway on U.S. 41. Project #61009. 3) Recommendation that the Board of County Commissioners approve the staff selection of firms, authorize staff to negotiate Agreements with firms for the Fixed Term Material Testing Services (RFP 99-2962) and extend the existing Agreement (RFP 95-2388) for sixty days. 4) Approve Professional Services Agreement with Tilden Lobnitz Cooper, Inc. and Anchor Engineering Consultants, Inc. for the Fixed Term Mechanical/Electrical Engineering Services (RFP #99-2929). 5) Approve Amendment to Work Order TLC-ME-98-2, to provide additional Engineering Services for Master Pumping Stations Motor Control Renovations, Project 73044. 8 November 9, 1999 7) 9) 1o) 11) 12) 13) Accept a Utility Easement for irrigation facilities for the beautification of the lmmokalee Road median. That the Board of County Commissioners (BCC) direct staff to initia,e Amendment of the County-Wide Lighting District Ordinance for the purpose of providing street lighting in certain areas of Collier County. Approval of a Budget Amendment in the Clam Bay Restoration Fund. Approve Work Order Amendment #WMBP-FT-99-03-A01 for Fixed Term Professional Engineering Services related to the Signalization Design of Livingston Road (Radio Road to Golden Gate Parkway). Approve Change Order No. 1 (C) (Final) to Contract No. 97-2771, Removal of Non-Specification Material from the Naples Beach. Rejection of Bid 98o2851 for purchase of chemicals for Odor and Hydrogen Sulfide Control. Recommendation to execute the Notices of Claim of Lien for the enforcement of the Notice To Pay Sewer Impact Fee for certain properties located in the former Rookery Bay Sewer Service Area. Approve an Agreement to purchase a Wind Based Odor Control System for the Naples Landfill and authorize the Chairwoman to sign the Agreement. C. PUBLIC SERVICES 1) This item has been deleted. 2) Approve an agreement for sale and purchase for additional property needed to complete the future North Naples Regional Park. 3) Approval of additions to agreements and run-time Library use License Agreement between Data Research Associates, Inc. and Collier County Board of County Commissioners. 4) This item has been deleted. 5) Approve a budget amendment for the purchase of the Roberts Ranch property. 9 November 9, 1999 6) 7) Approve a budget amendment to fund construction of a neighborhood park. Approve a resolution establishing policies and procedures for indigent burials and cremation and direct staff to negotiate an agreement with willing area funeral homes. D. SUPPORT SERVICES 1) Authorization of Work Order VL-00-1 Under the County's Annual Architectural Contracts for Victor J. Latavish, AIA to Design a Satellite Building at the Golden Gate Government Center Complex. 2) Approval of Robey-Barber Insurance Services, Inc. as the County's Group Health Claims Administration Company. 3) Approve a Budget Amendment for Accessibility (ADA) Requirements for the Fourth Floor of the Courthouse and to Provide a "High Technology Courtroom". Ee COUNTY ADMINISTRATOR 1) Budget Amendment Report - Budget Amendment #00-023; #00-024; #00-038; #00-037. F. BOARD OF COUNTY COMMISSIONERS 10 November 9, 1999 G. EMERGENCY SERVICES H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed I. OTHER CONSTITUTIONAL OFFICERS 1) A Resolution authorizing the borrowing of an amount not to exceed $3,060,000 from the pooled commercial paper loan program to construct a Domestic Animal Services facility. J. COUNTY ATTORNEY 1) A Resolution authorizing as a valid public purpose, expenditures of funds for County Commissioners to attend functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations. 2) To provide a legal defense for a county employee pursuant to Collier County Resolution No. 95-632. K. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS 11 November 9, 1999 RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Approval of an Ordinance amending Ordinance Number 99-46 (The Land Development Code) to correct a scriveners error due to the omission of an amendment to facilitate the administrative approval of preliminary subdivision plats heard and approved at a Public Hearing on June 16, 1999. Be Ce ge Petition PUD 95-12(1), Mr. Robert Duane, AICP, of Hole, Montes & Associates, Inc., representing the First Baptist Church of Naples, requesting an amendment to a previously approved "PUD" namely the First Baptist Church of Naples PUD for the purpose of increasing the maximum building height and to add a museum as an accessory use for property located on the west side of Livingston Road and the east end of Orange Blossom Drive in Section 1, Township 49 South, Range 25 East, Collier County, Florida. Petition CU 99-24, Jerry Neal of Purse Associates Inc., representing Capri Christian Church, Inc. requesting approval of a conditional use for the expansion of an existing church located at the corner Capri Boulevard and Hilo Drive on Isles of Capri. Petition V-99-17, Ana L. Aleman, representing lrais and Nancy Pando, requesting an after-the-fact variance of 5 feet from the required side yard setback of 30 feet to 25 feet for property located at 4860 Sycamore Drive, further described as the east half of Tract 120, Unit 34, Golden Gate Estates, Collier County, Florida. Petition V 99-18, Jim Titsch, of Titsch & Associates Architects, representing Freeland & Schuh, Inc., requesting a 10-foot front yard variance to 15 feet from the required 25-foot front yard setback for property located at 1229 Airport-Pulling Road, known as Freeland Nissan Automotive Dealership in Section 36, Township 49 South, Range 25 East, Collier County, Florida. Petition VAC 99-13 to vacate a 10' wide drainage easement on Lot 5, according to the plat of"Bayfront Gardens", as recorded in plat book 14, pages 114 through 117, Public Records of Collier County, Florida and to accept a 10' wide drainage easement as a replacement easement on said Lot 5, located in Section 6, Township 48 South, Range 25 East. 12 November 9, 1999 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. AN EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING ISSUES WILL BE HELD IMMEDL4TEL Y FOLLOWING THE REGULAR BOARD MEETING. 13 November 9, 1999 November 9, 1999 Item #3 REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES CHAIRWOMAN MAC'KIE: We'll call to order the meeting of the Board of County Commissioners for Tuesday, November 9th, 1999. We're honored today to have Ms. Susie Freeman from Unity of Naples Church to offer invocation. If you'll stand after the invocation, we'll have our pledge of allegiance. MS. FREEMAN: Good morning. CHAIRWOMAN MAC'KIE: Good morning. MS. FREEMAN: Lord, we thank you for blessing the Collier County Board of Commissioners and acknowledge your presence here today, acting in and through each one of us, filling us with your infinite wisdom and divine guidance. We give thanks for the roles of responsibility you have provided each member of this governing body and all others here to conduct the affairs of Collier County. We ask that you lead each person here in making wise decisions, and create harmony and a oneness of purpose in all our endeavors, today and in the days to come. Help us all to remember that we are here to serve in the highest and best ways possible the community needs of all our citizens. We are grateful for the opportunities for growth that we share, and move forward eagerly anticipating the good that awaits the county of Collier. Thank you, God. Amen. (Pledge of Allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Thank you, ma'am. ***Mr. Fernandez, any changes to our agenda, this morning. MR. FERNANDEZ: Good morning, commissioners. CHAIRWOMAN MAC'KIE: Good morning. MR. FERNANDEZ: Changes to this morning's agenda are as follows: First is to add item 8(A) (4). It's a proposed legislation for Administration of telecommunications flat tax at state level. 8 (A) -- COMMISSIONER NORRIS: 8 (A) (4) MR. FERNANDEZ: 8(A) (4). Okay, the next is to add item 8(B)(2). This is a request, approval to waive landfill disposal fees for construction debris from the Build a Home for George project in Immokalee. This normally would have been a consent item, but I believe the board had asked that we not add consent items the morning of the meeting, so we have it on the regular portion of the agenda. The next is item 10(E), benefit concert to collect food for those in need during the holidays. Request of Commissioner Constantine. I'd like to ask that the board withdraw item 10(B) -- I'm sorry, 12(B) (1), Petition PUD 98-16(1). U.S. Home Corporation, requesting a rezone from PUD to PUD, known as Cedar Hammock PUD. Page 2 November 9, 1999 CHAIRWOMAN MAC'KIE: They're withdrawing that, not continuing? MR. FERNANDEZ: Right, withdrawing that one. The next is to continue to the November 23rd meeting Item 16(B)10. This item is to approve the change order No. I-C, the final, to contract No. 97-2771, removal of non-specification material from the Naples Beach. We received some additional information and we'd like to consider that information before bringing this item back before the board. COMMISSIONER CONSTANTINE: When you bring that back, would you put that on the regular agenda, too? Because I had pulled that. MR. FERNANDEZ: Okay. The next is to continue Item 17(A) to the December 14th meeting. This is the approval of an ordinance amending Ordinance No. 99-46, Land Development Code, to correct a scrivener's error due to an omission of an amendment to facilitate the administrative approval of preliminary subdivision plans. And then finally, we have -- Item 13(A) (1) has been requested for time certain. The request is to have that item heard after the lunch break. It's petition CU-99-08, requesting conditional use 17 of the "A" zoning district for golf course. CHAIRWOMAN MAC'KIE: Okay any other changes? Mr. Weigel, do you have any agenda changes? MR. WEIGEL: No, I don't, thank you. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: None. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: No changes. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: Yes, I have one addition. I believe this will be 8-5 -- 8(A) (5). It is to bring back for reconsideration first development funding for Southwest Heritage, Inc., regarding advertising promotion on the Lionel Train museum. It was incorrectly stated as to the category in the executive summary last time. And for proper processing procedure, I'm bringing it back to the board. No matter what they decide, we will have decided it in the right category. COMMISSIONER CONSTANTINE: Question on that. For consideration, and you may have followed it, but is there a procedure we're supposed to do, Mr. Weigel? CHAIRWOMAN MAC'KIE: Well, we could add it on the agenda and then we'll vote on it at the time to determine whether or not to reconsider. COMMISSIONER CONSTANTINE: Can reconsideration be added without a written thing? Because I got hassled on that once before. I just don't want that to happen again here. MR. WEIGEL: Right, right. Well, technically reconsideration does require a matter to be brought to the county administrator's attention prior to coming onto the agenda. The question is, and I appreciate, I had a slight discussion going here, if you could restate the type of review that Page 3 November 9, 1999 you're looking to do here, because it may not fall under the technical reconsideration. I'd like to assist you, but -- I'm sorry, Commissioner Carter -- COMMISSIONER CARTER: We want to bring that back on the 23rd. MR. WEIGEL: Which item was that? CHAIRWOMAN MAC'KIE: The Lionel Train tourist development -- COMMISSIONER CARTER: The Lionel Train -- regarding advertising promotion of the Lionel Train toy train museum. MR. WEIGEL: Okay. COMMISSIONER CONSTANTINE: I don't have any objection if the board wants to put it on today. I just want to make sure, because I've got called on that process once before. I want to make sure we don't trip ourselves up. MR. WEIGEL: Right. Based on the information I've received on this item, the consideration to be made is a different consideration than that consideration and determination that was made at the previous meeting. And so it may be placed on the agenda apart from application of the reconsideration ordinance. CHAIRWOMAN MAC'KIE: Okay, great. Thank you. The answer was it's okay. COMMISSIONER CARTER: The answer is yes, right? CHAIRWOMAN MAC'KIE: Commissioner Constantine, any agenda -- was that all, Commissioner Carter? COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: And Commissioner Constantine? COMMISSIONER CONSTANTINE: Two things. 16(D) (2), I'd like to remove and put on the regular agenda. COMMISSIONER NORRIS: D as in Delta. COMMISSIONER CONSTANTINE: D as in Delta. COMMISSIONER BERRY: 16(D) (2)? COMMISSIONER CONSTANTINE: D, Delta. CHAIRWOMAN MAC'KIE: So that will be 8(D) (1). COMMISSIONER CONSTANTINE: And also, when we vote on the consent agenda, my -- let it be reflected my vote on 16(B)13 is a no. I will be supporting the balance of the consent agenda. CHAIRWOMAN MAC'KIE: Okay, and I don't have any changes except -- COMMISSIONER NORRIS: I'll make a motion that we approve the -- MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: I'm sorry. MR. FERNANDEZ: Excuse me, before you consider a motion, Ms. Student had asked that we accept some information into the record on a summary agenda item. It's not a request to pull it off the summary agenda, but just add to the record. MS. STUDENT: Good morning, commissioners. For the record, Marjorie Student, assistant county attorney. It's item B on the summary agenda, the First Baptist Church PUD. Mr. Duane is here. He provided you with copies of the change anyway, but I just wanted to state for the record, it had to do with transportation commitments and impact fees, that those changes should Page 4 November 9, 1999 be properly considered a part of the record. And I understand he did provide them to you. Thank you. CHAIRWOMAN MAC'KIE: Thank you. Now a motion. COMMISSIONER NORRIS: Okay. I'll move that we approve the consent agenda summary agenda and regular agenda, with the changes as noted. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Could I get a second? Second. Ail in favor, please say aye. That passes unanimously. Page 5 11/09/1999 09:30 94177~4010 COUNTY HANAGER PAGE BI ~4GENDA CHANGF_~ BO.4~V.O OF COU~vr~ COMMissioNEr, S' MEgFIN6 NOVEMBER 9. 1~.9 ADD: ITEM 8(AX4) - PROPOSED LEGISLATION FOR ADMINISTRATION OF TELECOMMUNICATIONS FLAT TAX AT STATE LEVEL. (STAFF'S REQUEST). ADD: ITEM gfB)(2) - REQUEST APPROVAL TO WAIVE LANDFILL DISPOSAL FEES FOR CONSTRUCTION DEBRIS FROM THE "BUILD A HOME FOR GEORGE PROJECT' IMMOICALEE. (STAFF'S REQUEST). ADD: ITEM 10(~)~ BENEFIT CONCERT TO COLLECT FOOD FOR THOSE IN NEED DURING THE HOLIDAYS. (COMMISSIONER CONSTANTINE). WITHDRAW: ITEM 12(B)(1)_-_ PETITION PUD 911-16(1} US HOME CORPORATION REQUESTING A REZONE FROM PUD TO PUD KNOWN AS CEDAR HAMMOCK PUD FOR THE PURPOSE OF AMENDING THE PUD DOCUMENT HAVING THE EFFECT OF REVISING THE ROADWAY CROSS SECTIONS AND APPLICABLE TEXT OF THE PUD DOC~T TO SUBSTITUTE TWO, FOUR FOOT WIDE BIKE LANES FOR REQUIRED FIVE FOOT WIDE SIDEWALl( ON ONE SIDE OF CEDAR HAMMOCK BLVD. (PETITIONER'S REQUEST). CONTINUE TO 11/23 MEETING: ITEM 16(B)I'I0)_- APPROVE CHANGE ORDER NO. I(C)(FINAL) TO CONTRACT NO, 97-2771, REMOVAL OF NON-SPECIFICATION MATERIAL FROM THE NAPLES BEACH. (COUNTY A]'I'ORNEY'S REQUEST). CONTINUE: ITEM {?(A) TO 1:~/}4 b4EJETI~{O .- APPROVAL OF AN ORDINANCE AMENDING ORDINANCE NO. 99-,16 (THE LAND DEVELOPMENT CODE) TO CORRECT A SCRIVENERS ERROR DUll TO THE OMISSION OF AN AMENDMENT TO FACILITATE THE ADMINISTRATIVE APPROVAL OF PRELIMINARY SUBDIVlSlON PLATS. (STAFF'S REQUEST). NOTE: ITE~ 13fAXI) - REQUEST THIS ITEM BE I-I~ARD AFTER THE LUNCH BREAK Pt~-~i'rlON C~99-08, REQUESTING CONDITIONAL USE "17" OF THE "A" ZONFNO DISTRICT £OR A ~OLF£OURSE November 9, 1999 Item MINUTES OF THE OCTOBER 12, 1999 REGULAR MEETING, OCTOBER 14, 1999 EMERGENCY MEETING AND OCTOBER 20, 1999 SPECIAL MEETING - APPROVED AS PRESENTED And now minutes. COMMISSIONER BERRY: And I'll approve minutes of October 12th regular meeting, October 14th emergency meeting, and October 20th special meeting. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Second. Ail in favor, please say aye. That passes unanimously. Item #5A1 PROCLAMATION PROCLAIMING TUESDAY, NOVEMBER 16, 1999, AS NEAPOLITAN CIVITAN DAY - ADOPTED We can move to proclamations. Commissioner Carter. COMMISSIONER CARTER: Yes, the first is for -- and I believe I'm saying this correctly, the Neapolitan Civitan; is that correct? Civitan Club. And we have representatives here: Sidney Fishman, past international president; Ronald Estabrook, president; and Mr. John Lawson, president elect; and Ms. Connie (sic) Hartfield, founding member. Will those people please come forward this morning? CHAIRWOMAN MAC'KIE: Thank you for being here. Good morning. If you would, just stand in front of the dais and face the cameras. COMMISSIONER CARTER: Face the cameras. This is just like the morning show. CHAIRWOMAN MAC'KIE: another founding member. COMMISSIONER CARTER: Civitan. MR. FISHMAN: Civitan. COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: name is Corinne. COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: Wonderful. Who's name -- Doris Fishman is Thank you for being here. And am I pronouncing that correctly, sir, Civitan. And Jim, Ms. Hartfield also pointed out, her Corinne. Thank you. Thank you. Thank you all for being here. WHEREAS, the Neapolitan Civitan Club was chartered in 1989, 10 years ago; and WHEREAS, the Neapolitan Civitan Club is part of an international organization with the motto "builders of good citizenship"; and. WHEREAS, the Neapolitan Civitan Club is to be recognized as an honor club of excellence; and Page 6 November 9, 1999 WHEREAS, the club participates in a variety of programs and projects aimed at meeting the needs of the community, such as funding scholarships for summer youth, fundraising for public television, building playgrounds for children and scholarships for Step-by-Step; and WHEREAS, the club's emphasis is helping people with developmental disabilities locally, with 100 percent of its candy box proceeds going to help individuals with development disabilities; and WHEREAS, Civitan funds the Civitan International Research Center, a research and treatment facility for individuals with disabilities, located at the University of Alabama at Birmingham; and WHEREAS, Civitan provides direct support to the local programs of Special Olympics and to the programs of TECH of Collier County as part of its major emphasis; and WHEREAS, the Neapolitan Civitan Club will celebrate its tenth anniversary on November the 16th by awarding grants to local organizations who support and assist individuals with development disabilities. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Tuesday, the 16th of November, 1999 be designated as Neapolitan Civitan Day. DONE AND ORDERED THIS 9th day of November, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I move that we accept this proclamation. COMMISSIONER CONSTANTINE: Second that. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Thank you. (Applause.) CHAIRWOMAN MAC'KIE: Thank you so much. Page 7 PR 0 CLA MA TION WHE~, BqtEREAS, WIIEREA& Bq-IE~S NOW DONE AND the Neapolitan Civitan Club was chartered in 1989, ten years ago; and, the Neapolitan Civitan Club is part of an international organization with the motto, "Builders of Good Citizenship"; and, the Neapolitan Civitan Club is to be recognized as an Honor Club of Excellence; and, the Club participates in a variety of programs and projects aimed at meeting the needs of the community such as funding scholarships for summer youth, fund-raising for public television, building playgrounds for chitdren and scholarships for Step by Step; and, the Club's emphasis is helping people with developmental disabilities locally with 1 O0 percent of its Candy Box Project proceeds going to help individuals with developmental disabilities; and, Civitan funds the Civitan treatment Alabama at Research Center, a research and located at the University of to the County Corn m r 'Special Olympics and major emphasis; on November of Collier designated as COMMISSIONERS FLORIDA ~ November 9, 1999 Item #5A2 PROCLAMATION PROCLAIMING THE MONTH OF NOVEMBER AS COLLIER COUNTY ADOPTION MONTH - ADOPTED Commissioner Constantine also has a proclamation this morning. COMMISSIONER CONSTANTINE: Theresa Iamurri, who's president of the Adoption Task Force of Southwest Florida, is here to accept this. And Debbie Allen, our very own. And the proclamation reads as follows: WHEREAS, every child has the right to grow in a secure, loving family, and adoption is a positive way to build a family; and WHEREAS, the Adoption Task Force of Southwest Florida, Incorporated is a collaborative effort of community agencies and individuals to create and increase awareness of adoption; and WHEREAS, the Adoption Task Force of Southwest Florida, Inc.'s purpose is to provide resources and education on the various aspects of adoption and to promote positive attitudes towards adoption; and WHEREAS, adoption brings untold benefits to Collier County residents that are affected by the adoption process. This includes benefits to birth parents, adoptive parents, and the children placed in adoptive homes, as well as their extended families -- and future spouses, I might add; my wife is adopted. WHEREAS, crisis pregnancy is a problem in Collier County, and adoption is a positive option that is not always considered, due to the lack of awareness and education. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of November, 1999 be designated as Collier County Adoption Month. In honor of this event, we encourage citizens, community agencies, religious organizations, businesses and others to celebrate adoption and honor the families that grow through adoption. DONE AND ORDERED THIS 9th day of November, 1999, Board of County Commissioners of Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I'd like to make a motion we approve this proclamation. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. (Applause.) CHAIRWOMAN MAC'KIE: Feel free to say a word, if you'd like. MS. IAMURRI: I just want to thank you all for seeing adoption as such a positive outlook for all of the county and state-wide. And I as an adoptive parent can appreciate all the aspects and avenues of adoption and how much it leads all of us to a deeper love of all of society. CHAIRWOMAN MAC'KIE: Thank you so much. Page 8 November 9, 1999 (Applause.) Page 9 PR O.CLAMA TION WHEREAS, WHEREAS, WHEREAS, WHEREAS, every child has the right to grow in a secure, loving family and adoption is a positive way to build a family; and, the Adoption Task Force of Southwest Florida, Inc. is a collaborative effort of community agencies and individuals to create and increase awareness of adoption; and, the Adoption Task Force of Southwest Florida, Inc. 's purpose is to provide resources and education on the various aspects of adoption and to promote positive attitudes towards adoption; and, adoption brings untold benefits to Collier County residents that are affected by the adoption process. This includes benefits to birth parents, adoptive parents and the children placed in adoptive homes as well as their extended families; and, crisis pregnancy is a problem in Collier County and adoption is a positive option that is not to a lack of awareness and education. NOW THEREFORE, DONE AND 1999. of Collier · religious the S. MAC'KIE, November 9, 1999 Item #5A3 PROCLAMATION PROCLAIMING NOVEMBER 21-27, 1999 AS FARM-CITY WEEK - ADOPTED CHAIRWOMAN MAC'KIE: And now, Commissioner Berry, who sort of stands for Farm-City. If you would -- I think she has a proclamation. COMMISSIONER CONSTANTINE: Is she wearing her boots today? CHAIRWOMAN MAC'KIE: She's got her boots on today, I know she does. COMMISSIONER BERRY: I don't know, Liesa, what do you think? They just don't get it, do they? COMMISSIONER CARTER: I don't know, I saw the tractor downstairs. I think we're okay. COMMISSIONER BERRY: Make fun, make fun. CHAIRWOMAN MAC'KIE: Uh-uh. It's a high compliment. COMMISSIONER BERRY: You bet your life. This is one of the favorite times of the year in Collier County. And anyone that's ever experienced Farm-City Day, you're in for another treat this year. And it's my pleasure to read this proclamation: WHEREAS, November 21st to the 27th is National Farm-City Week, a time set aside to recognize and honor the contributions of our country's agriculturalists and to strengthen the bond between urban and rural citizens; and WHEREAS, in Collier County the high point of Farm-City Week is the annual Farm-City barbeque, sponsored through the efforts of Collier County's University Extension Service, Collier County Farm Bureau, the Barron Collier Companies, and the Golden Gate, Immokalee and Naples Area Chambers of Commerce; and WHEREAS, agriculture is an important element in Collier County's economic machine, with total economic activity of over 300 million annually; and WHEREAS, Collier County ranks 21st nationally out of the nations 3,150 counties in total value of crops sold; and WHEREAS, the Board of Collier County Commissioners supports local agriculture through programs, including cooperation with the University of Florida's Cooperative Extension Service; and WHEREAS, we encourage all citizens to pause to recognize the contributions of our local farmers and ranchers to our economy, our food supply and our society. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that on behalf of the citizens of Collier County, great appreciation and honor is owed to all of this county's agriculturalists, and that November 21st through the 27th, 1999 be designated as Farm-City Week. DONE AND ORDERED THIS 9th day of November, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. It is my pleasure to move this proclamation. COMMISSIONER NORRIS: Second. COMMISSIONER CARTER: Second. Page 10 November 9, 1999 CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: (Applause.) Ail in favor, please say aye. That passes unanimously. CHAIRWOMAN MAC'KIE: Oh, man, look at that. Tomatoes, peppers. MS. PRIDDY: Just to remind you that we would like for you to attend -- members of my committee from the Naples Chamber and from the extension office -- CHAIRWOMAN MAC'KIE: Excuse me, Liesa, could you start again? Because we couldn't hear you. MS. PRIDDY: Sure. In appreciation for the proclamation and to make sure that we gave you a remainder to attend the Farm-City barbeque, we wanted to present you with a basket of vegetables and fruit. And they were presented by members of my committee from the Naples Chamber and from the extension office. Thank you. CHAIRWOMAN MAC'KIE: Thank you so much. (Applause.) Page 11 PR O'CLAMA TION WHEREAS, WHEREAS, WHEREAS, WHEREAS, November 21-27 is National Farm-City Week, a time set aside to recognize and honor the contributions of our country's agriculturalists and to strengthen the bond between urban and rural citizens; and, in Collier County the highpoint of Farm-City Week is the annual Farm-City Barbecue, sponsored through the efforts of Collier County's University Extension Service, Collier County Farm Bureau, the Barron Collier Companies and the Golden Gate, Immokalee and Naples Area Chambers of Commerce; and, agriculture is an important element in Collier County's economic machine, with total economic activity of over $300,000,000.00 annually; and, Collier County ranks value 's 3,150 counties in total WHEREAS, the unty agriculture of Florida's WHEREAS, of our local society. County of Collier citizens great hoi~"~'owed to all of this and that DONE AND ORDERED THIS 9th 1999. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA November 9, 1999 Item #5A4 PROCLAMATION DESIGNATING NOVEMBER 20, 1999, AS FREE DAY, STATE PARK RECOGNITION DAY - ADOPTED CHAIRWOMAN MAC'KIE: Okay, the next proclamation is for State Park Free Day. We have Greg Toppin and Karen Lacuita (sic) here, if you'd come forward, and tell me how close I came to pronouncing your name correctly. COMMISSIONER CONSTANTINE: Apparently not that close. CHAIRWOMAN MAC'KIE: Not close. COMMISSIONER CARTER: I think she blew it, Karen. MS. LACIVITA: My name is Karen Lacivita, and I'm the assistant park manager of Wiggins Pass. CHAIRWOMAN MAC'KIE: Lacivita. They put a U down here. Karen Lacivita and Greg Toppin. The proclamation reads: WHEREAS, Florida's massive and diverse state park system, with over 500,000 acres and 151 park properties, has recognized national recognition for its state parks partnerships, its cutting edge resource management recreation programs, and its innovative eco-tourism marketing initiatives; and WHEREAS, more than 1,900 public and private partners have been recruited, including the county and local governments within Collier County, along with private businesses and citizens of Collier County who help provide expanded resource-based recreational opportunities for the 1.5 million annual visitors to Florida state parks; and WHEREAS, some 60 citizen support organizations support Florida state park system, including the Friends of Fakahatchee Strand, Friends of Wiggins Pass and Friends of Collier Seminole State Park. And volunteers last year provided 760,000 hours of service, equivalent to 365 full-time employees. That's volunteer service. WHEREAS, in addition to preserving one-half million acres of Florida's finest, most pristine natural areas for enjoyment by this and future generations, Florida state park system has direct, positive economic impact of 273 million dollars, and has created 8,100 jobs for Florida communities; and WHEREAS, recently at the National Recreation and Park Association annual congress meeting in Nashville, Tennessee, the National Sporting Goods Association awarded the prestigious 1999 State Parks Gold Medal to Florida's state park system, recognizing it as the best state park system in all 50 states; and WHEREAS, the Governor and Cabinet, sitting as the board of trustees of the internal improvement and trust fund, which holds title to these lands on behalf of Florida citizens, has proclaimed that the entire month of November, 1999 be celebrated in honor of Florida's state parks, voted America's Best, and authorized the Department of Environmental Protection to celebrate and publicize the excellence of Florida's state park system by designating November 20th, 1999 as Free Day, when park entrance fees will be waived for all visitors. Page 12 November 9, 1999 NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the 20th of November, 1999 be designated as State Park Recognition Day in Collier County. DONE AND ORDERED THIS 9th day of November, 1999, Board of County Commissioners, Pamela Mac'Kie, Chairwoman. I'd like to move acceptance of this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Thank you, and congratulations. Best in the country, wow. (Applause.) CHAIRWOMAN MAC'KIE: If anybody has to word, please feel welcome. MR. TOPPIN: Yeah, Florida's state park would just like to take this opportunity to thank all of the citizens of Collier County for their continued support and efforts throughout the many years that Florida state parks have been in Collier County. We appreciate it very much and we couldn't do the great job without your help. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. And we appreciate you. Page 13 PROCLAMATION WHEREAS, Florida's massive and diverse state park system with over 500,000 acres and 151 park properties, has received national recognition for its state parks partnerships, its cutting edge resource management, recreation programs, and its innovative ecotourism marketing initiatives; and, WHEREA& more than 1,900 public and private partners have been recruited including the County and Local governments within Collier County along with private business and citizens of Collier County who help provide expanded resource- based recreational opportunities for the 1.5 million annual visitors to Florida's state parks; and, WHEREAS, some 60 citizen support organizations support Florida's state park system, including the Friends of Fakahatchee Strand, Friends of Wiggins Pass, and Friends of Collier-Seminole State Park and volunteers last year provided 760,000 hours of service equivalent to 36S full-time employees; and, WHEREAS, in addition to preserving one-half million acres of Florida's finest, most pristine natural areas for enjoyment by this and future generations, Florida's state park system has direct positive economic impact of 273 million dollars attd has created 8,100jobs for Florida's communities; and, ,,~' ...... :: ':i': :~::: :.::ii~::':::'iil'~ i~:::i ::i: .:' WHEREAS, recently at the-~Ntittort~l:~a~h:! ~n~ mrk.~4ssocialion Annual Congress meeting in N~h¢ille¢!!iTe~h:~Se~,':~;ihe Natio}talLgPorting Goods Association awardedthe:~}egttgious':1999 "Staie'Parks Gbld Medal" to Florida's state park s~t~;:~gnizing it as thebest state'pa~rk ~tem in aH 50 states; and, WHEREA& the GoVern~ and cabineL' s~ing ~ the Board'Of . Trmt~s of the Internal W~O~em~nt........... . .... . Trust Fund wltich h'olds title to:'~the~e ~hds~°n beha~ of ~b~dd:~? citizens, ha~p~°clat~edthat;the entire mb~th?)bf~ovember 1999 be '::~:~:?:5:: FLORIDA 'S STA TE PA~S.. ; ,VOTED AME~:.~S~BEST d~d ~uthork~d the'Department °f Environmental P~Otedtion to celebrate and pa~iict~e:the ~cellence of Flolida's'Xtate parks sy~te~designating N6~mb~g:~20, 1999 as. "Free Day" when park ent~ahcefees will be waived for aH v~rg~::::~ ~:~ ....... ' ~: ~:==:~ ;~:;~ :.~ ' ' NOW THEREFORE, b:~:~:it:F~imedbY }li::; Bba/d ;fCOU~::cO~iSsioners of Comer CounF, ~[da,~:~ha't tit; 2~t: Of N6V&ber;:~::.l~9:::be designated as coamr o n'r cottmn cowrr DONE AND ORDERED THIS 9th Day of November 1999. BOARD OF COUNTY COMMISSIONERS s. C.AmFO O. November 9, 1999 Item #5B EMPLOYEE SERVICE AWARDS - PRESENTED We have service awards today. Commissioner Norris. COMMISSIONER NORRIS: Thank you, Madam Chairwoman. I -- we have a few today. We'll start with Janet Go, from pollution control, who has 10 years service. (Applause.) COMMISSIONER NORRIS: We have Sonia Grafton, from building review that also has 10 years today. Ms. Grafton is obviously reviewing some buildings even as we speak. Michael Farrell from transportation has 10 years. CHAIRWOMAN MAC'KIE: He's stuck in traffic. COMMISSIONER NORRIS: Yeah, he's in transit. And our big winner for today is Stephen Nagy from wastewater for 15 years. (Applause.) CHAIRWOMAN MAC'KIE: Good start. Thank you, sir. COMMISSIONER CARTER: Congratulations to you. Item #5C1 JOHN AUGUSTYN, PLANT OPERATOR II, WATER DEPARTMENT, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR NOVEMBER, 1999 CHAIRWOMAN MAC'KIE: And now we'd like to honor John Augustyn as the Collier County employee of the month, if he's here, to come forward and receive our -- this recognition. As he comes forward, I'm going to read you something that was written regarding why he has earned this honor. John has worked for Collier County for over 15 years. After working 10 years as a chemist in the water laboratory, John joined the operations section as operator trainee at the north water plant, where he has been an asset to the operations section ever since. John achieved his C certification well within the specified time limit and has gone on to obtain his B certification and will soon be taking his A certification in water treatment. John is responsible for a number of assorted duties that go beyond his responsibility as plant operator, which include bi-weekly wellfield runs and additional water quality control. John's time with the county, along with his background in chemistry, operations, safety, and the fact that he consistently goes above and beyond the call of duty helped him earn the title of November's Employee of the Month. We're pleased to have, John, this letter for your file, a plaque in gratitude for your work, and a small check with our a appreciation. Thank you, sir. Congratulations. (Applause.) Page 14 November 9, 1999 Item #8A1 JEANINE NOVELLO, REPRESENTING THE EXCEPTIONAL STUDENT EDUCATION OFFICE OF COLLIER COUNTY PUBLIC SCHOOLS, REQUESTING A WAIVER OF THE APPLICATION FEE FOR A TEMPORARY USE PERMIT - APPROVED CHAIRWOMAN MAC'KIE: And now we have a request by Jeanine Novello, representing the ESE students for a waiver of a temporary use permit. Anybody just want to make a motion? COMMISSIONER CONSTANTINE: Motion to approve the item. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: Any discussion? Public speakers registered? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Item #8A2 RESOLUTION 99-415, STREET NAME REVISION FROM LANDFILL ROAD TO WHITE LAKE BOULEVARD - ADOPTED Great idea for a street name change from Landfill Road to White COMMISSIONER BERRY: I'd like to move approval. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: Yes, sir, Mr. Weigel? MR. WEIGEL: If this is approved, I would appreciate the record reflecting resolution being reserved. CHAIRWOMAN MAC'KIE: It's so reflected. And are there registered speakers? MR. FERNANDEZ: No. CHAIRWOMAN MAC'KIE: Ail in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Page 15 RESOLUTION NO. 99-415 RESOLUTION NAMING WHITE LAKE BOULEVARD, WHICH STREET IS LOCATED EAST OF C.R. 951 AND NORTH OF 1-75 (INTERSTATE HIGHWAY) IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to establish the name of White Lake Boulevard to a street which by custom has been named Sanitary Landfill Road which is located east of C.R. 951 and north of 1-75 (Interstate Highway) in Section 29, Township 49 South, Range 26 East, Collier County, Florida; and WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The name of this street is hereby established as White Lake Boulevard and is confirmed as such. BE IT RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this ~2~'-l-bx. day of ~ ~x~_.tn~¢_.f~._ , 1999. · : . .- ATTESTS: :: · ':.:!:::',iDW~G, HT':E BROCK, Clerk '.:...53 "'. .... 7...& c':'.' . ..... ~d~'Fom and Legal Sufficiency: Marjorl~ M. Student r Assistant County Attorney BOARD OF ZONING APPEALS COLLIE/~ COUNTY, FLORIDA PAI~ELA S. M~'I~E, C4H~WSMAN f/Ron Nino/Naming White Lakes Blvd/RN/irn -1- November 9, 1999 Item #8A3 BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT PLAN PREPARED BY LANDERS- ATKINS PLANNERS, INC. - APPROVED And now to what I think is the most exciting news of the day: The presentation on the Bayshore/Gateway Triangle redevelopment plan. Long in the works and just one of the most exciting things going on in Collier county. Hi, Start. MR. LITSINGER: Good morning, Madam Chairwoman and commissioners. For the record, Stanley Litsinger of the planning department. I had the pleasure this morning of introduction to the Gateway/Bayshore Triangle redevelopment plan, and we have with us this morning Mr. Howard Landers of the Landers-Atkins team that we put together to prepare this plan for you. This morning the board will hear the community-based vision based on four workshops that were held and a series of interviews with local representatives. Each of our workshops, we had over 100 individuals attend from the local communities. We have laid out plans relative to the redevelopment of both the Gateway Triangle and the Bayshore area, based on a community redevelopment agency on which you will hear some details today. At the end of Mr. Landers' presentation, I would like to offer to you approximately 11 recommendations for actions to move forward with the realization of this redevelopment plan, and at this time would like to turn the presentation over to Mr. Howard Landers, and we will follow with questions and answers after his presentation. MR. LANDERS: Thank you, Stan. If it please the commission and for the record, I am Howard Landers, president of Landers-Atkins Planners, 201 North Hogan street, Jacksonville, Florida. On behalf of the entire team, Landers-Atkins Planners, Hammer-Slier-George of Silver Spring, Maryland and Workplace Partners, Candy Bentley Baker of Palm Beach County, we would like to thank the commission for the opportunity to have prepared this plan and for the opportunity to work with both your staff and the neighborhood. Staff's support on the project has -- from the entire staff has been excellent. And most importantly, support from the neighborhood has been outstanding. We, as Stan said, held four workshops, and I'd like to correct his numbers. They range from 125 to somewhere in the 160 range for those four workshops. We started off with a great deal of diversity, a lot of opinions, spent a lot of time sorting those opinions and getting them up on boards and voting on them. And I firmly believe that at the end of the day on the fourth workshop that we had pretty strong consensus on the package of recommendations that staff has presented and the report that is brought to you. Page 16 November 9, 1999 In I won't tell you how many years, it's coming on 30 years of doing this type of work around the country and throughout the State of Florida, we've done a lot of workshops on a lot of different types of projects and have never had the level of participation in numbers, in activity and interest that we've experienced in this neighborhood. And I think that speaks a great deal for both the county, but most importantly, for the significance that the neighborhood itself places upon redevelopment activities. As Stan said, we do have a whole body of recommendations on redevelopment. We were asked to come up with a redevelopment plan, including strategies for implementing redevelopment. And a very important part of those recommendations to you is the creation of a community redevelopment agency. Community redevelopment agency, which we're recommending that you sit as that agency, gives the county very broad powers to really address the multiple facets of the redevelopment effort. The vision for the plan is expressed in two ways. First is a land use plan, which you have before you, which is really a rationalization of some land use patterns in the area; the creation, particularly along Bayshore, of some depths of zoning and depths of land use and eventually zoning that are amenable to redevelopment and will support adequately sized development parcels. The plan is also expressed -- and I have three sheets of this -- in an urban design framework plan, starting at the north with the triangle, essentially. We're recommending a full redevelopment of the little triangle. The Shadowlawn neighborhood area, we're recommending a neighborhood focus program. And then redevelopment of Gulf Gate Shopping Center as a real town center with a street scale, not unlike 5th Street -- Fifth Avenue, in Naples, and an entertainment district around Haldeman Creek. Proceeding on to the south in the Bayshore area, there are recommendations for a Bayshore neighborhood FOCUS program. The Botanical Gardens are seen as a real key element in the redevelopment process. And then on to the south, south of Thomasson, other areas that would receive neighborhood FOCUS activities. And then a very strong recommendation that what was called Sabal Bay, is now Hamilton Harbor, have an entrance which -- on to Bayshore to bring further activity and focus to the whole Bayshore community and to help support the commercial activities that are proposed on up to the Tamiami Trail. Our member of our team, Hammer-Siler-George, undertook the economic analysis on the study and found, through a considerable market research, looking at all elements or sub-markets, found considerable support in the market for development within this particular area. And the table here identifies the retail multi-family housing, motel, office -- CHAIRWOMAN MAC'KIE: Tom, could you -- MR. LANDERS: -- what we call flex space. CHAIRWOMAN MAC'KIE: Excuse me, could you help zoom in on that? MR. LANDERS: I haven't been trained on that. Page 17 November 9, 1999 CHAIRWOMAN MAC'KIE: I know, that's why I was going to ask some staff to help you with that. No, no, don't even try, because it's not what you think. MR. FERNANDEZ: Not very user friendly. CHAIRWOMAN MAC'KIE: Yeah, that's true. Thank you. COMMISSIONER CONSTANTINE: You know, I hate to have any further interruption of the presentation, but I'd like to move approval of the 11 items that staff has recommended. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: material. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: I can't argue with that. Where do we find -- I just got this This is on 8(A)(3) -- Yes. -- in our -- I'm sorry. You thought it might be in there? Yeah, I thought there might be something in this new packet that we got this morning. CHAIRWOMAN MAC'KIE: Is there a second for that motion? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: some clarification. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: I'll second it. It's a great idea. I think there are registered speakers. I just have some questions. I'd just like Okay, let's go about it that way. It's my understanding that as you go through one of these processes, that in essence we freeze the land values as far as tax revenue to the -- am I correct, to the general fund, and that all monies -- all appreciations here in revenues continue to feed this project? Is that part of what I'm understanding? MR. LANDERS: What you're describing, I believe, is tax increment financing, which is a tool, and a very powerful tool that's available through the Community Redevelopment Agency process. And at the point of a finding of necessity and declaration of the CRA, you do in effect establish a tax trust fund and you freeze the assessments -- so-called freeze the assessment at that point. And from that day forward, the revenue generated by the cap assessment continues to go into the general fund. The increment then is the increase in revenue, because you are expecting, anticipating redevelopment to increase the ad valorem revenue. Goes into the trust fund for a specified period of time to support the activities that cause the -- that will in turn cause the increase. That -- Mr. Carter, that increment can be forecast, based on the detailed plan that needs to be done, and that increment can be bonded to in effect bring the money in at the front end so that you're creating the redevelopment. COMMISSIONER CARTER: So there's a time line on this. Otherwise, if it's 25 years or 30 years, then that's the process? Page 18 November 9, 1999 MR. LANDERS: That's correct. You can set a time frame, yes, sir. CHAIRWOMAN MAC'KIE: That's one of the most exciting possibilities here for these people who are willing to do all of the work that they have, and will put the effort into redeveloping their property, that to the extent the property values go up, the current value continues to go into the general fund. But that gap, that increase, will get spent in their neighborhoods on their property within the -- COMMISSIONER CONSTANTINE: Great incentive. CHAIRWOMAN MAC'KIE: -- boundaries of the district. COMMISSIONER NORRIS: Great incentive. THE WITNESS: It's the strongest incentive available. That and the ability for the commission -- or the CRA to acquire property in a very selective way to help facilitate redevelopment. One of the most difficult problems in redevelopment is assembling land -- CHAIRWOMAN MAC'KIE: You better believe it. MR. LANDERS: -- and the use of the county or the CRA's ability to, on the open market, negotiate for land in selected cases, or as a last resort use eminent domain is a very important part of the package. CHAIRWOMAN MAC'KIE: Other questions for our consultant? Then let's hear from public speakers. And don't, you know, feel obliged to speak, but if you have something you want to tell us or ask about, please do go ahead and come forward. MR. FERNANDEZ: Madam Chairwoman, we have four speakers on this subject. The first two are Larry Ingram and Giovanna Marrone. CHAIRWOMAN MAC'KIE: Mr. Ingram? MR. INGRAM: First, I need to know whether my property is included in this district. CHAIRWOMAN MAC'KIE: Larry, your name for the record? MR. INGRAM: Yes, Larry Ingram. I own the property known as Gulf Gate South. It's the south 188 feet of Lots 37 and 38, Naples Grove and Truck Company's Little Farms. CHAIRWOMAN MAC'KIE: Stan? MR. INGRAM: This is the parcel that lies immediately south of the Gulf Gate Shopping Center. MR. LITSINGER: Yes, Mr. Ingram's property is included in the CRA proposed boundary. MR. INGRAM: I have an objection to this. First of all, I have about 1.2 million dollars invested. The property that I own meets all of the current building and zoning codes; it meets the on-site water retention; it meets the flood elevation; it meets every criteria of the county. And from my perspective, at least where my property is concerned, I find no problem. The problem in this area is basically it is a lower income neighborhood, if you want to call it a problem. And you do not attract Third Street shops in a lower income neighborhood. Now, if you really want to upgrade the neighborhood, you change the zoning on Page 19 November 9, 1999 the residential and then you get rid of the affordable housing, because this is one of the few areas where there is affordable housing in direct proximity to the City of Naples. CHAIRWOMAN MAC'KIE: Mr. Ingram, have you reviewed the plan to see that it includes, for example, the zoning overlay district that would allow for some changes in the zoning, while still trying to balance the need for some affordable, we like to call, it workforce housing? It isn't just the entertainment center. There's several, several facets to the plan. MR. INGRAM: Well, another problem this area has is there are at least three mobile home parks. I did a survey on one of them, and out of 110 mobile home sites, three paid ad valorem taxes. By the time you take a homestead exemption, an over 65 exemption, a widow's exemption. This one park had over 90 percent of the parcels in the park paid no taxes. This doesn't help the neighborhood. But I don't see anybody going after the residential. It seems like everybody has taken a shotgun approach at the commercial. The commercial will meet the needs of the neighborhood. Ms. Mac'Kie, I'd appreciate it if you wouldn't make your grimacing remarks while I'm speaking. I find that very discourteous. CHAIRWOMAN MAC'KIE: I apologize. MR. INGRAM: In any event, I think that the best way to handle is through private enterprise. Give the owners incentive. Like I say, my property meets all of the county's requirements. I'm certain that there are properties that do not. One of the problems in that area with the Davis Triangle was created by the State of Florida. The State of Florida came in and convinced the county that it wasn't necessary to pay full value for the properties that were now nonconforming uses. And this was money that could have been used to improve the neighborhood that was lost because of actions of the county staff. So on one side you're asking to improve the neighborhood, and on the other side you had county staff taking efforts that really diminished the condemnation return that people could have used to improve their properties in the Davis Triangle. So I don't know, I don't think that this district is the total answer. I'm certainly opposed to any condemnation of my property, if it involves condemnation. And I'm not certain that the criteria that you have warrants condemnation. Several of us have already contacted condemnation attorneys, and I've been advised that you can't meet the standards. I have no objection to a district using the tax increment increase, as did the City of Naples in the 10th Street area, but if it comes down to condemnation, I certainly oppose it. Thank you. CHAIRWOMAN MAC'KIE: Thank you, Mr. Ingram. COMMISSIONER BERRY: What is -- is the proposal for condemnation CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: No, ma'am. -- are you aware? No, ma'am. Page 20 November 9, 1999 COMMISSIONER BERRY: There is no proposal for that? CHAIRWOMAN MAC'KIE: Certainly, as Mr. Landers said, if a community redevelopment district is established, one of its powers as a last resort is it has a condemnation power. This board is likely to be the governing board of the community redevelopment district. This is not something that would happen outside of the purview of this board. COMMISSIONER BERRY: Maybe it's oversimplification, but isn't this whole thing of being able to use the tax dollars to turn around and improve these properties? CHAIRWOMAN MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: Okay. I mean, that's basically what we're doing here. CHAIRWOMAN MAC'KIE: Yes, ma'am. COMMISSIONER BERRY: Okay, cutting through all the other things that we've heard. So that's -- CHAIRWOMAN MAC'KIE: That's the most important piece. There's also -- hopefully the board will adopt a zoning overlay to allow for the aggregation of some commercial property so they can be developed as a parcel instead of as the tiny little lots. But there is -- while the CRA certainly has eminent domain power, should the board create one -- which we're not doing today; we're being asked to have staff investigate that further -- but it has an eminent domain power, absolutely. Whether or not it's ever exercised is something that we decided long in the future. MR. INGRAM: Thank you. MR. FERNANDEZ: Next speaker is Giovanna Marrone and then Ronald Fowle. MS. MARRONE: Hi, how are you? CHAIRWOMAN MAC'KIE: Fine, thanks. Your name, for the record. MS. MARRONE: Giovanna Marrone. Well, first of all, since we just put $120,000 into my restaurant -- I own Little Italy Restaurant. Speaking on behalf of my family as well. CHAIRWOMAN MAC'KIE: It looks beautiful, by the way. MS. MARRONE: Thank you very much. I realize that, you know, maybe some people have some objections to this, but I am presently on a nonconforming lot, and I think the CRA coming in would help us in the sense that I am the only property in the tip of that triangle besides the Putt-Putt Golf and the Naples Car Wash that has put a dime into their business in 10 years. So if it comes down to being forced to put money in your business, yes, please do, because right now they're costing me money. But, you know, the 10-year forecast, that's great. We need to get some major cleanup now. We need to get started now. Some of the code does need to be adjusted so as to make it, if I want to put trees up on the front of my property, I can without any grief. I think that putting the CRA into effect immediately will make it so that all of us can turn around and say I'm proud of where I live, I'm proud of my business, I'm here to make money, I'm here to make Page 21 November 9, 1999 money for my county, my neighbors. Anybody who wants to sit there and just live on an unimproved lot with 18 inches plus of grass, well, you can take it to yourself. The other things we wanted to talk about was when are our lights coming on on 417 CHAIRWOMAN MAC'KIE: That's a good question. They look pretty, but when do they get turned on? Do you happen to know that, Mr. Ilschner? It's a state project, so it may -- MR. ILSCHNER: No, I do not, Madam Chairwoman. CHAIRWOMAN MAC'KIE: We'll try to find that out. We'll find out. I can call DOT. MS. MARRONE: The only other things that we could see that the CRA could be such a huge community benefit would be in the ability to turn around and say it's safe to walk the streets in East Naples again, it's safe to have your children play, it's safe to go shopping. And if some people that shop on Third Street would like to come east at my restaurant, that's fine, I have no problem with that. They can come down any time they'd like. I think that's about it. But there is a large portion of us that are on U.S. 41 that do approve and we are business owners. Thank you. CHAIRWOMAN MAC'KIE: Thank you. (Applause) MR. FERNANDEZ: Next speaker is Ronald Fowle and then Donna Fiala. CHAIRWOMAN MAC'KIE: Ronnie? Is Ron Fowle here? I know he was. We'll go on to Donna Fiala, then. MS. FIALA: Good morning, commissioners. My name is Donna Fiala, for the record, president of East Naples Civic Association. I serve on the Bayshore MSTU, and also on the triangle committee with ENCA. I'd like to give you these petitions from business owners and from residents in the triangle and on the Bayshore area that we've collected over the last couple weeks. They're also giving their wholehearted support to this effort, and we do ask that you would grace us by this CRA. Thank you. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) CHAIRWOMAN MAC'KIE: Thanks. Any other -- MR. FERNANDEZ: No other speakers -- CHAIRWOMAN MAC'KIE: -- speakers on this? MR. FERNANDEZ: -- Madam Chairwoman. CHAIRWOMAN MAC'KIE: Any other discussion? Do -- we have a motion and a second then. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. I have to say, I'm so proud to represent you guys. (Applause.) COMMISSIONER CARTER: Well, I think, Madam Chair, this will be also an integration into the community character group that is working Page 22 November 9, 1999 on coming forward word with a consulting company to look at all of Collier County and the -- all of the urban area. And it seems to me this is a perfect opportunity for integrating everything together. So I think it's a beautiful project, we go forward, let's do it. COMMISSIONER BERRY: You have a great restaurant to eat at. CHAIRWOMAN MAC'KIE: Absolutely. MS. MARRONE: Come down and see us any time. Now I'm going to paint the tables we just got. CHAIRWOMAN MAC'KIE: Just excellent, excellent -- COMMISSIONER CARTER: Are you open for lunch? MS. MARRONE: Well, you know, we were thinking maybe just for the commissioners. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER CARTER: COMMISSIONER BERRY: it. CHAIRWOMAN MAC'KIE: There you go. You can't do that. Oh, no. Can't do that. Don't even think -- don't even talk about You guys, I want to just make one final comment and that is just with sincere gratitude to the people who have participated. We have had 100 plus, 125, 160 people show up at these community meetings. If you've participated in anything like this before, that's a bigger crowd than they got when they did Fifth Avenue. It's a bigger crowd than you'd often get. And this just shows you, this is a proud community, they're proud of where they live and they're going to work to make it something everybody knows about. Item #8A4 PROPOSED LEGISLATION FOR ADMINISTRATION OF TELECOMMUNICATIONS FLAT TAX AT STATE LEVEL - PRESENTED; BOARD INDICATED OPPOSITION TO PROPOSED LEGISLATION (CONSENSUS) Okay. The next item is the legislation for administration of telecommunications flat tax. COMMISSIONER BERRY: Big problem. CHAIRWOMAN MAC'KIE: Thank you for bringing it to our attention. MR. FERNANDEZ: Yes. MR. WALLACE: For the record, Bleu Wallace, utility and franchise regulation. Recently staff has been made aware of legislation that's moving forward in Tallahassee. The Florida Association of Counties has its conference next week, and this is the last opportunity staff would have to address the board. Staff wants you to be aware of what's facing the attendees at the Florida Association of Counties conference. On November the 2nd, the Florida house committee on utilities and communications heard witnesses on the simplified telecommunications tax concept. This seeks to combine several taxes at the state level and be controlled at the state level. Page 23 November 9, 1999 Staff has problems with the franchise fee, clearly not a tax, being thrown into the mix. And we have talked to the office of the county attorney, and they seem to agree that there's a problem there. However, this seems to be moving forward. I have a meeting this afternoon with Representative Goodlette, who is on the committee at the House, and also, staff will attend a meeting between the Florida Association of Counties' representatives, League of Cities and the industry in Orlando next week. This is all being crowded in just before the League of cities and the Florida Association of Counties have their legislative conferences, both next week. Coming out of both those conferences, both the League of Cities and the Florida Association of Counties is expected to adopt a position on this flat tax. Staff just wanted the attendees from the board next week to know about this. And right now we do not have a model so we can run the numbers to see how this is going to affect us, but it clearly could impact our control of the right-of-ways and our ability to collect the local cable franchise tax. COMMISSIONER CARTER: You don't -- MR. WALLACE: Any other issues would be legal in nature and I would defer to the county attorney. COMMISSIONER CARTER: So you don't have a position yet, Bleu, on this? COMMISSIONER BERRY: I think we do. MR. WALLACE: No, sir, we -- they have not come up with the formula where we can plug in our numbers and run it. We -- CHAIRWOMAN MAC'KIE: No, no, no. MR. WALLACE: -- don't know if it's going to be based on population or what. CHAIRWOMAN MAC'KIE: His question is -- was do you have a position? Do you as staff recommend that we support or oppose this legislation? MR. FERNANDEZ: Oh, I have a position on that. I didn't realize that was the question. Very clearly, we think this legislation should be opposed because it lumps together a number of different categories of revenue, and we're reliant then upon the state for an allocation. That's one reason. The other reason is that the lumping together of different categories of revenues we think raises questions about the distinction between fees and taxes, because it joins those together. CHAIRWOMAN MAC'KIE: Makes sense. MR. FERNANDEZ: So we're concerned about that. And until we learn more about it at this point, we are very opposed to -- CHAIRWOMAN MAC'KIE: Would you like for the board to take a formal position, perhaps send a resolution, a letter somehow in opposition to our legislative delegation? MR. FERNANDEZ: I ask Mr. Wallace if he feels that would be premature or if it would be appropriate. Page 24 November 9, 1999 MR. WALLACE: It may be premature because there are just not enough details out there. CHAIRWOMAN MAC'KIE: So might we want to just register our opposition to the concept? MR. FERNANDEZ: Our intent today is to first of all alert you to the fact that this is moving in Tallahassee and to raise some concerns about it. And to express to you the fact that we are in fact concerned about it, and to get the sentiments of the board, if there are some concerns that you would like for us to convey at the meeting of the Florida Association of Counties when this comes up. CHAIRWOMAN MAC'KIE: Board members? COMMISSIONER CONSTANTINE: Sounds like we'll probably hear back as well, after you've had a chance to sit down with state representatives and the association and so on. We may be able to have a more strongly worded resolution of one way or the other -- COMMISSIONER BERRY: But I think Jim and I need to know that the rest of the board, you feel that you want this -- as we can see it right now, even though it may be a little preliminary, depending on what the Florida Association of Counties does, at least we want to voice our concerns about that. CHAIRWOMAN MAC'KIE: I would defer to the county administrator's recommendation. If he finds opposition, then I would support him in that. MR. FERNANDEZ: Okay. CHAIRWOMAN MAC'KIE: Is that consensus of the board? COMMISSIONER CARTER: That's fine. As I read it, the only thing I could glean from this, it was going to make it easier for the telecommunications industry. And I did not see how we were going to be able to figure out what was due us, as you have pointed out this morning. MR. WALLACE: And one other thing, it prevents our local staff from auditing their books to see if we're really getting what we're supposed to be getting -- CHAIRWOMAN MAC'KIE: That's a big -- MR. WALLACE: -- if it's thrown into the mix. CHAIRWOMAN MAC'KIE: -- problem. Okay. So thank you for the heads up, and I think you guys have sufficient direction. Item #8A5 RECONSIDERATION OF LIONEL TRAIN MUSEUM - MOTION TO RECONSIDER FAILED Commissioner Carter wanted to bring up the reconsideration of the toy train funding. COMMISSIONER CARTER: Yes. Is Jane Eichhom here this morning from -- yes. I had a conversation with Jane and with Greg Mihalic. Evidently when this was presented to us, it was not in the proper category for TDC dollars. So I'm asking for reconsideration this morning so that Page 25 November 9, 1999 we clearly understand where it was to be placed and whether or not the board wants to continue with the decision. What the outcome is, I don't know, but we need to do it correctly so that we're not exposing ourselves to some criticism that we were approving something or disapproving something in a wrong category. CHAIRWOMAN MAC'KIE: Commissioner Constantine had a question, then we'll hear from Vince. COMMISSIONER CONSTANTINE: Two important points I want to actually get some help from staff on this. I think we received a letter initially from the folks who were petitioning for this. And if you go down toward the bottom of the first page of that letter, I think it could be clearly argued that it was in the proper category. And Vince, you may want to read that out loud. MR. CAUTERO: Yes, Vince Cautero, for the record. The letter's dated March 24th. Other than for meetings, since the last train left Naples, the Naples Depot has not been a destination. Tourists can come through our building not knowing what to expect. These two projects are designed to bring people not only to the Depot, but to also bring those who might not otherwise visit to Naples itself. COMMISSIONER CARTER: It's a museum category, not a promotion. COMMISSIONER CONSTANTINE: And my point is I don't know if that's clear in the letter. And I think there's some responsibility on the petitioner to come up with that. And frankly, they never raised the objection when they were here before. I think more importantly for me, though, is regardless of the category, if you remember the issues that I raised, anyway, were how are you going to use the brochures, to whom will they be distributed, and so on. And those questions went unanswered. Which frankly are not -- it certainly went further than Mr. Shealy did, but not a whole lot further than Mr. Shealy did when he said, you know, boy, I'd like to take some people out and show them around, but there were no specifics involved. And here, he would like to make a brochure, but there were no specifics as to whom that was going to reach or how. So regardless of which category it is, I think that same question stands. CHAIRWOMAN MAC'KIE: Nevertheless, let's hear from staff about whether or not we have a technical glitch here that we need to -- as Commissioner Carter said, we may or may not change our minds. But if we have technically made a mistake, we may need to correct that, so could we hear from staff on that point? MR. CAUTERO: The item was originally submitted to the Tourist Development Council under Category C which is the funding for and promotion of museums, whether they are owned by the county or not-for-profit organizations. We should have brought the item to you consistent with that. We brought it to you under Category B. So we were inconsistent in the two executive summaries, Category B being advertising and promotion. However, if we had started under Category B, we would have been correct either way. Page 26 November 9, 1999 Staff has rendered an opinion, and I believe from talking with Ms. Eichhom, our TDC coordinator, that legally concurs with that opinion, that it could have started in Category B. But since we started with C, we made an error in not following through by bringing that to the board under the same category. CHAIRWOMAN MAC'KIE: Well, and that -- if you remember in the public hearing, I thought that I was making this big point by saying well, what category did they apply under? And what staff responded to me in this meeting was B, advertising. That wasn't the way I remembered it from TDC. It was a museum application. MR. CAUTERO: That's correct. It came to you, as the TDC Chair, and the TDC as a Category C item. It came to the board as Category B. In my humble opinion, I don't think it really mattered, because it was still a promotion and advertising item. COMMISSIONER NORRIS: And that's the way I saw it. COMMISSIONER BERRY: That's the way I saw it. COMMISSIONER NORRIS: It was clearly a museum type operation; there's not much of a question about that. But the request itself was apparent that it was meant to be for advertising and promotion. So coming in Category B was perfectly appropriate. CHAIRWOMAN MAC'KIE: So Commissioner, do you want to make a motion to reconsider? COMMISSIONER CARTER: I make a motion we reconsider, just to be consistent with how it was brought forward, and to stay with C for the board to make a decision whether or not they want to accept it or reject it. CHAIRWOMAN MAC'KIE: Is there a second? I'll second the motion. COMMISSIONER CONSTANTINE: I'm not going to support it, because I think it's a moot point. I think the items, whether it was a museum or not, were for promotion. It didn't have a specific plan. And my reason for voting against it was the lack of specifics rather than in any way related to category. CHAIRWOMAN MAC'KIE: And let me just -- in urging someone to change their vote so that maybe we can reconsider this, if you heard the presentation that we heard at the TDC, I think you would have a different opinion. They had -- they were not prepared at our board meeting, they didn't bring the presentation that they brought to TDC. It was a very well reasoned, very well planned, very well thought out proposal that we didn't hear. So we will or we won't, but that's my opinion. All in favor, please say aye. Aye. COMMISSIONER CARTER: Eye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Motion fails, so it won't be reconsidered. Let's talk about landscaping on Davis Boulevard. B-1 -- 8 (B) (1). Page 27 November 9, 1999 COMMISSIONER CONSTANTINE: When this came back -- I just want to stress, I've talked with a number of the neighbors out here, and I don't think anybody out there wants to look a gift horse in the mouth, they just want to make sure that the same attention and same investment is consistent throughout that whole residential corridor. MR. GARNER: Good morning -- MR. FERNANDEZ: Madam Chairwoman? MR. GARNER: -- Commissioner Mac'Kie -- MR. FERNANDEZ: We had some speakers on that last issue and I forgot to let you do that. CHAIRWOMAN MAC'KIE: Oh, I am so sorry. MR. FERNANDEZ: The two speakers that we have are Walt Schwartz and John Garner. CHAIRWOMAN MAC'KIE: Then I think we should hear from them. We'll pause here. COMMISSIONER NORRIS: The item itself was not up for discussion, only the reconsideration of the item. COMMISSIONER CONSTANTINE: Right. CHAIRWOMAN MAC'KIE: So if you'd speak, please, on the question of whether or not it should be reconsidered. MR. GARNER: Yes, I will. Thank you very much. Good morning. I am John Garner. I'm the president of Southwest Heritage, Inc., known as the Naples Depot. When we were here two weeks ago, we made a presentation based upon the request for TDC funds. And unbeknownst to me, on the executive summary, it had been transferred from a Category B -- I'm sorry, from a Category C to a Category B. This is not a special event Category B item. Period, end of story. This is C. And the difference between C and B is the type of project. And the county ordinance says that C funds can be used -- and I'm just going to use -- read a portion of it -- to acquire, et cetera, including promote one or more county museums or museums that are owned and operated for nonprofit organizations and are open to the public. So that's what we came to the TDC for. We asked for funds to promote this museum that we are going to build and we are in the process of building at the Naples Depot. And as a result, we were not prepared to give a presentation on a special event, because this is not a special event. This is not something that we're going to open at Christmastime and close again. We're going to construct this, we're going to keep it open, and we were looking for money for promotion. I think that makes a big difference, because under Category C, it is not necessary for us to have shown that we had to put people in hotel rooms. I think that will happen. But a Category C is not required to show that we are going to bring specific tourists in. With a special event, I understand that. And we would like to plan on having a special event in the future. And at that point in time we will say look, this is what we want to do, this is how many people we expect, and this is how many hotel rooms. But again, this is a Category C and not a Category B. Page 28 November 9, 1999 It's important that the Category C allows the county to provide funding for such items as the Collier County Museum and the Roberts Ranch. I mean, these are items that we don't specifically show as saying oh, look, we're going to bring 5,000 hotel rooms in here. No, these are C items which are separate from any B items that do not need to show a specific filling of hotel rooms. And another good example is the A, the beach renourishment. Again, these are separate categories and we feel that we clearly fall within C, and we don't need to meet certain requirements that we would otherwise need to meet for a B. Most important thing is, C allows for promotion of museums. Promotion of museums that are operated by nonprofit organizations. The Southwest Heritage, Inc. is a 501C3 nonprofit organization. We are going to do a museum there. And we got some funding, almost $275,000, to begin construction of this museum. One of the few items that were not included in this generous donation was promotion, and that's why we made the presentation to the Tourist Development Council and then obviously to you all two weeks ago. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Next speaker is John Garner. CHAIRWOMAN MAC'KIE: That was Mr. Garner. MR. FERNANDEZ: I'm sorry, Walt Swartz. MR. SWARTZ: That's all right. CHAIRWOMAN MAC'KIE: That's all? MR. GARNER: And I'm available for questions, of course, if anybody has any questions. CHAIRWOMAN MAC'KIE: Is there any willingness to reconsider another motion? COMMISSIONER BERRY: So it comes down to they want us to support another museum. That's the bottom line. CHAIRWOMAN MAC'KIE: That's the bottom line. And the TDC agreed to that. And I think -- COMMISSIONER CONSTANTINE: The TDC also agreed to David Shealy. But the point remains the same and that is there were no specifics on how that promotion was going to happen: We're going to make up a brochure. What are you going to do with it? I don't know. Where are you going to distribute it? I don't know. What's it going to look like? I don't know. COMMISSIONER NORRIS: Well, I based my decision then and now on the merits of the proposal. And the category, whether it's B or C to me is totally immaterial. I just looked at the merits of the proposal, and I don't support it. CHAIRWOMAN MAC'KIE: The question that Commissioner Carter brought forth is do we want to hear the proposal again, understanding that it is a museum promotion, as opposed to an event or an advertising. COMMISSIONER NORRIS: And I think the board by a majority said no, we do not. Page 29 November 9, 1999 CHAIRWOMAN MAC'KIE: Any further discussion on the matter? Okay, thank you very much. I'm sorry we couldn't address it further. Item #8B1 REPORT ON ADDITIONAL LANDSCAPING IMPROVEMENTS FOR THE RECENTLY COMPLETED DAVIS BOULEVARD PHASE II BEAUTIFICATION PROJECT (AIRPORT- PULLING ROAD TO COUNTY BARN ROAD) - STAFF TO PROVIDE ADDITIONAL INFORMATION AT 12/14/99 MEETING We will go back now to the landscaping on Davis and hear from staff. MR. RYZIW: Good morning, Madam Chairman, commissioners. For the record, my name is Ladd Ryziw, and I represent the public works engineering department. Agenda Item 8(B) (1) concerns the recently completed Davis Boulevard median landscaping improvements. And on that note I wanted to thank the board for supporting a continuation of landscaping on our transportation network. The staff report before you outlines two areas of public concerns on the project. Even though the project is substantially complete, some public members have announced two areas of concerns. The first area of concern relates to the character and aesthetics of landscaping that has been accomplished east of Kings Way along a length of approximately 3,000 feet of roadway. That's within the original project limits. The second public concern relates to approximately 700 feet of Davis Boulevard, immediately west of County Barn Road, which was not part of the original project limits and which was not landscaped under the current project, and which also is slated for improvements as a part of the future Phase III project. Staff, in conjunction with the design professional, have reviewed the original landscape designs for the current Phase II project. We've actually looked at it in the field and also have -- did a touch base with FDOT. We also have looked at the landscaping in reference to the board approved streetscape master plan, and the design professional staff's conclusion is that the landscape that has been accomplished meets the intent and spirit of the streetscape master plan. Recognizing that aesthetics is somewhat subjective, staff is -- at the discretion of the board, could be directed to undertake some additional landscaping within the project limits or outside the original project limits. In that regard, we have outlined two options that the board can consider to give staff direction to proceed with additional work. The first option, again, referencing the 3,000 foot segment of roadway east of Kings Way. Option one approximates a cost of about $25,000. And essentially we would supplement the existing landscaping with some additional palm trees, and perhaps some accent plantings at the ground level. Page 30 November 9, 1999 The $25,000 includes also design, construction, staff time and getting back with FDOT for a permit amendment. CHAIRWOMAN MAC'KIE: What's the amount? COMMISSIONER BERRY: 25. MR. RYZIW: $25,000. COMMISSIONER CONSTANTINE: I have a question on that, because I MR. RYZIW: Yes. COMMISSIONER CONSTANTINE: -- inquired of George Botner, who had done a little homework, done this original plan and had come up with a number of about 15,000 to do the same. And I'm just wondering where that extra 10 -- and it maybe state permitting, I don't know. MR. RYZIW: Actually, Commissioner, the design professional estimated the additional landscaping at 16,609.69. And what I did, realizing it's a conceptual estimate, I added a contingency on top of that and also included design cost and inspection time. So it rounded out to about $25,000. The second option is the -- to go forth and landscape the 700 feet of roadway east of -- or excuse me, west of County Barn Road. That cost approximates $58,000. It's a high cost. Essentially we have to reconstruct the roadway to convert it to an urban type highway. There's some drainage improvements and so forth. Again, staff's conclusion is that our recommendation is to complete the project per the original design, and will seek board direction and questions on this. CHAIRWOMAN MAC'KIE: I have a question. That is, if we complete the project per the original design, which is A, this design was adopted by the Board of County Commissioners and it fits the overall master plan that we also adopted, do we need to spend 25,000 additional dollars to do that, or would that be some enhancement of the plan? MR. RYZIW: We can spend -- I think we can reduce the $25,000 expenditure if we -- I think there's a good portion of the community that simply would just like to see some trees added. $25,000 expenditure does include some accent plantings and a little bit of irrigation work. COMMISSIONER CARTER: Well, I think the question was, if we stayed with the original plan, would we do what we said we were going to do? And this was Naples Scape, by George Botner's group. Would we not accomplish what we set out to do without spending the additional 25,000? CHAIRWOMAN MAC'KIE: See, I think that we need to stick to the plan and not change the plan midstream, because this is a new process for the county, you know, as we -- we need to install the plan as adopted, and then if we want to have MSTU's who want to enhance -- for example, that's what Bayshore Drive has done, they've taxed themselves to enhance the landscaping. We can't -- it just makes me nervous, we're treading on thin ice if we do more than meet the plan that we've already adopted. Page 31 November 9, 1999 COMMISSIONER CONSTANTINE: It is a new process. And I think the only concern I have again is make sure we're consistent. If you drive on Davis from one end of this project to the other, it's virtually -- until you get down to Germain and the commercial things, all the neighborhoods are virtually the same in style and size and so on, whether it's Foxfire, Kings Lake, or you get up, Countryside is beyond where the end of this project is. But they're all the same style development. And they just want to make sure it's consistent. And because it's a new process, we have the opportunity to look again at future ones and make sure it's consistent throughout. It appears as though it may not be consistent from end to end here. And if we've made that error on this one of the first projects, do we correct that or do we say well, too bad, we'll just fix it on future ones. That's the only point. CHAIRWOMAN MAC'KIE: Yeah. And the question is, was that in error, or is that a part of the plan, that as it goes away from the urban core, it transitions out to a less -- COMMISSIONER CONSTANTINE: And that's my point. It's not away from the urban core. Whether you go -- you know, Countryside is no less than a community -- and Countryside is beyond the end of this project. Countryside is no less intense, it's no different than a Foxfire at the other end. CHAIRWOMAN MAC'KIE: But see, that makes the point, Tim, because Countryside gets zero. COMMISSIONER CONSTANTINE: No, Countryside's is Phase III. CHAIRWOMAN MAC'KIE: Well, as it phases out, doesn't the plan change? I mean, isn't it different -- you know -- anyway, I've made my point. COMMISSIONER BERRY: It does. COMMISSIONER NORRIS: It does. And the question that really comes up to the heart of the matter here is did that landscaping come in any different than the plan ever stated, or was there some modifications that at some point made it different? MR. RYZIW: The implementation of landscaping has been accomplished, is pretty much 100 percent in accord with the original design, as approved by FDOT and pursuant to a grant agreement. We didn't really do any modifications, and per design -- COMMISSIONER NORRIS: And the plan was in place for two years? THE WITNESS: At least two years, yes, sir. COMMISSIONER NORRIS: And it just seems to me that the time to nitpick the plan would have been then, during the planning process, rather than wait till it's all over and say well, I'm not happy with the way the plan came out, let's change the plan. CHAIRWOMAN MAC'KIE: We have registered speakers on this item, I believe. Commissioner Berry first. COMMISSIONER BERRY: Is this not true, too, that some of the original medians that were done -- and I'm talking about back a period of time -- if they were to be submitted today, that some of those probably would not be approved because they're overly done? Page 32 November 9, 1999 MR. RYZIW: I think that perhaps, Commissioner, you may be referring to landscaping that has been accomplished in the true urban area of Collier County, and there is that density there that perhaps we don't see as we progress to the rural type areas. COMMISSIONER BERRY: Right. CHAIRWOMAN MAC'KIE: Public speakers? MR. FERNANDEZ: Yes, we have three. The first two are Patricia Merten and Scott Bonham. MS. MERTEN: Good morning. CHAIRWOMAN MAC'KIE: Morning. MS. MERTEN: Patricia Merten. I come to you this morning in the hopes that you have driven Davis Boulevard, east of Airport Pulling Road and west of County Barn. And if you have, you have a general impression of how the plantings have created the landscaping on the medians there. And if you have, the following facts, though, may surprise you. There's 1.3 miles from Airport Pulling Road to Kings Way along Davis Boulevard, right to the entrance of the Kings Lake subdivision. 124 palm trees have been planted in groups of six, eight and 10. These 124 palm trees represent 84 percent of the total number of palm trees planted, although that 1.3 miles is only 60 percent of the total length of the project. I also counted 70 to 75, some variety of oak tree, six feet tall, and an assortment of bushes and flowers. And really, if you drive this, you would say it's very attractive. Now, when we reach Kings Way, the next segment is .9 miles, and that goes from Kings Way to County Barn Road. 19 palm trees have been planted, representing 16 percent of the total number of palm trees available on the project. And an assortment of 30, six-foot tall trees and not much else in the way -- I mean, some small trees and some flowers, but nothing much else. And I use the two trees to compare so that I'm not mixing apples and oranges. Okay, then we get down to the very end of the median at the intersection of County Barn Road. Same median, still east of County Barn Road. And there's a segment one tenth of a mile long that has been totally excluded from any attempts at landscaping, even though it is a part of that same stretch of median. Now, why all attempts at landscaping ended 200 feet short of the end of the median strip is hard to fathom. No trees, no bushes, only an area with scruffy weeds covers that median at Davis and County Barn. I think anyone traveling that road has to ask if the project coordinator had a plan of purchase and distribution, or were plantings put in indiscriminately during the first half of the project only to run out before the second half? And was a landscape design plan prepared all at the beginning of this job? And if so, what went wrong? I ask today that you deal fairly with all the neighborhoods along Davis Boulevard. Please look into this project and finish it. Add Page 33 November 9, 1999 trees, move trees, but please complete the job properly up to the corner of County Barn intersection. Thank you. CHAIRWOMAN MAC'KIE: Thank you, ma'am. MR. FERNANDEZ: Next speaker is Scott Bonham and then Donna Fiala. MR. BONHAM: Good morning, commissioners. CHAIRWOMAN MAC'KIE: Good morning, sir. Glad to see you again. MR. BONHAM: Thank you. My name is Scott Bonham. I'm the author of the so-called stupid presentation of two weeks ago. I'm going to read this, because I want to precisely say certain things. I was not satisfied with my presentation. However, there were pertinent or germane points made. Davis Boulevard is a main entryway into urban Collier County. Many dollars from outside our county are brought in and spent here. Every owner and/or resident in our county does benefit. The impression on visitors is important to all of us. Traveling from east to west on Davis Boulevard, the plantings are not aesthetically impressive near the eastern end. The ornamental, quote, unquote, pine trees have long needles and are spastic looking -- that's my expression -- rather than having a pleasing symmetry in the natural setting adjacent to the street, we enjoy tall, majestic beautiful pines, as well as palms and other beautiful trees. As folks travel further westward, they're able to see and enjoy the beauty of palm trees. The ratio of palms increases, and other ornamental plantings decreases with distance, with a saturation of palms at the western end of the project near Airport Pulling Road. I have a copy of the executive summary, which Ladd spoke of, and there are a couple of things that do not impress me favorably. At the bottom of page one, the last sentence says the residents appear to have a perception that the west half of the landscape project is aesthetically superior to the easterly segment. Perception is in the eye of the beholder, but you don't have to have great perception to see the differentiation from east to west. COMMISSIONER CONSTANTINE: No, I have a perception that I'm taller than Commissioner Mac'Kie. MR. BONHAM: I didn't understand. COMMISSIONER CONSTANTINE: I have a perception that I'm taller than Pam. Just a perception. MR. BONHAM: A perception -- another sentence -- skipping one sentence there, referring to the east part of the project, its dimensions, and referring to oak trees and pine trees with minimal accent plantings, a perception of unequal landscape quality, value and treatment exists. In the -- in the next paragraph there is a reference to a need to extend the project from County Barn Road 700 feet to the east to affect symmetry. The reference must be to the completion from the end of where it is developed now to County Barn Road. I submit that from Airport Pulling to County Barn Road is going to be solid, so there's no symmetry of 700 additional feet, in my mind. Excuse me. Page 34 November 9, 1999 I believe that that is flawed logic. I appreciate Ladd's cooperation with me in giving me documentation. The one thing I forgot to ask for was the approximate cost of this complete project, which, by the way, is referred to on the plans as highway beautification. MR. RYZIW: Approximately $530,000 is the contract amount, although we do need to close the project out, so it may vary a little bit. But $534,000 is my recollection of the contract that the board approved. COMMISSIONER CARTER: But this would take it and you say all the way to Santa Barbara, Ladd? MR. RYZIW: The Phase III, the upcoming Phase III, would take us to Santa Barbara Boulevard, and that is slated for construction in fiscal year 2003. COMMISSIONER CARTER: And is that part of the 534? MR. RYZIW: No, sir. 534 was for the project of Phase II that has been recently completed. CHAIRWOMAN MAC'KIE: And Phase I was also about 500 -- no, what was Phase I, do you remember? MR. RYZIW: Phase I, I believe we closed the project out at -- under cost, about $288,000. CHAIRWOMAN MAC'KIE: But it was substantially less mileage. MR. RYZIW: One mile, versus 2.2 miles. MR. BONHAM: There was a reference made by Commissioner Norris that we should have noticed this two years ago? I submit that it was only completed several weeks ago. CHAIRWOMAN MAC'KIE: Yes, sir. MR. BONHAM: I waited and others waited as well until the completion so that we would not be critical out of order. We didn't know what was going to be there. And I'll tell you, from the plans, the copy of the plans that I got, it was very difficult to understand what plant was going to go in what location. Lots of circles and initials, but I really had a time trying to figure. I was able to determine some. But I submit to you that this is not a situation that's important only to we who are residents on Davis Boulevard, or have businesses there. It's critical to everyone in the county. Because the impression that tourists have when they come in is super important to all of us. And those are dollars that we will not get if they don't come to Collier County. This is not going to be a monumental factor, but it will be a strong factor with a lot of people. Thank you for the consideration. CHAIRWOMAN MAC'KIE: Thank you, sir. And I'd just like to thank you for what is a thoughtful and well reasoned argument. MR. BONHAM: Much better than the last time. CHAIRWOMAN MAC'KIE: Yes, sir. COMMISSIONER CARTER: Well, you weren't bad last time either. CHAIRWOMAN MAC'KIE: I thought you were fine both times. Donna Fiala? Page 35 November 9, 1999 MS. FIALA: Good morning again, commissioners. My name is Donna Fiala, president of Ease Naples Civic Association, for the record. I also serve on the Collier Naples Scape board, so I take a genuine interest in this. First of all, let me say, before I go any further, how pleased we are with how beautiful Davis Boulevard looks. We all in East Naples are grateful for how it looks, and we thank you for that. And thank CHAIRWOMAN MAC'KIE: Well, we thank you for it, Donna, because frankly, everybody knows, I hope, that without East Naples Civic Association, and particularly Donna dogging it day after day, that grant money wouldn't have come in. MS. FIALA: Well, thank you very much. We appreciate that. So having said that, I have to tell you personally now, I had understood, and maybe misunderstood incorrectly, but what I'd understood was the master plan called for landscaping all the way to County Barn Road. I didn't see anything where that had changed. So I'm afraid I'm with the other gentleman, I didn't know that it had changed in the last couple of years, if it had. We had understood the master plan called for landscaping all the way to County Barn Road. And I'm sure not, you were saying something about rural and urban. And in that particular area, with all the houses along there, what differentiates urban and rural? CHAIRWOMAN MAC'KIE: That was a bad comparison I made. MS. FIALA: Oh, oh, okay, fine. I didn't mean to point a finger, I just didn't really understand that at all. Okay. And then of course I thought again we're going to have to be dealing with the same thing again when we do the northern end of Collier County. U.S. 41 we're just preparing now to be -- the road widened there and we're going to be wanting to landscape all the way out there. And I'm sure that the people in that area as well will want to see landscaping all the way to the end of their project, just as we would like to. They're both entry gateways to our community, and we would ask that you please consider finishing the landscaping that was started. Thank you. CHAIRWOMAN MAC'KIE: Ladd, could you address the question of what the plan shows? MR. RYZIW: The plan shows regarding -- CHAIRWOMAN MAC'KIE: The question Ms. Fiala said about that the master plan showed landscaping going all the way to I think she said County Barn Road? MR. RYZIW: Yes. Actually, the master plan shows the original Phase II as being the segment between Airport Pulling Road and Kings Way. And in fact the Board of County Commissioners authorized an extension of the original Phase II to the east of Kings Way. The fact is that there is 700 feet that was not completed at County Barn Road, and that's attributable to several items. Number one, in dealing with FDOT, one can see a distinction between the type of highway. There's a rural highway versus an urban highway. So the Page 36 November 9, 1999 landscaping that has been completed essentially cuts off exactly where the state completed the urban highway. So that was a factor in stopping the landscaping at exactly that point. Number two, to reference Mr. Bonner's (sic) comment, the symmetry that staff was referring to was to not just complete the 700 feet section west of County Barn Road; obviously we wanted to cover the east side to complete essentially the intersection. So it would be 700 feet on the west side of the intersection and 700 feet on the east side of the intersection. Another reason why we didn't conclude the County Barn Road intersection was the fact there was a budget limitation. As I mentioned before, the board did extend the original Phase II project. CHAIRWOMAN MAC'KIE: Ladd, but I still don't understand the answer to this question. When Phase III is built out, is there going to be a gap of unlandscaped roadway? MR. RYZIW: My intent is to proceed with Phase III so we complete through Santa Barbara Boulevard intersection. MR. FERNANDEZ: Mr. Ryziw, the question is when it's complete, will there be a continuous landscaped median from one end to the other of the project? That's what the question is. CHAIRWOMAN MAC'KIE: Will there be a 700-foot gap or some -- MR. RYZIW: No gaps. No gaps. CHAIRWOMAN MAC'KIE: So this is a timing question. COMMISSIONER CONSTANTINE: If I may. CHAIRWOMAN MAC'KIE: Please. COMMISSIONER CONSTANTINE: Would I prefer that it had been done all the way to County Barn? Sure. But that's for me not the big issue here today. I understand we're going to have Phase III, so that will get done. My concern is as it gets thinner and thinner and thinner in its beautification, and I think the first speaker outlined pretty well for you when you look at the first half as 84 percent of the palms, which are the primary planting. The irony here for me, and both Donna and Scott raised the point, that this is an entryway, and the impression it makes when people come in. The reason we agreed to do this is it's one of our main entryways to the community. We didn't say it's one of the main exits. And so if it's an entryway, people are coming from east to west. And the argument that well, it gets thinner as we go further outside the urban area, it is all encompassed in the urban area, first of all, and it's consistent from end to end as far as residential use. But it's an entryway, not an exit. We're not -- God bless, we want to make a great final impression if they're leaving, but the entryway is the phrase that was continually used. We want them, when they come in our community, to have that impression. And so the suggestion that Countryside and Glen Eagle and Villas of Whittenberg somehow are less urban than Moon Lake or any of the others on there just isn't a valid argument. I'm not asking today -- I wish we could, but I think since we're going to do the Phase III anyway, I'm not asking that we do that extra Page 37 November 9, 1999 700 feet, because it will get filled in. I am suggesting that we go ahead and fill in what we need to for that 15 to 25,000 on the -- as it thinned out. It's a three or four percent -- depending on where we end in that range, three or four percent work order change on the overall project. I think that's important. Because if we look at any project we do, whether it's a water plant or beautification, three percent work order change is not unusual at all. CHAIRWOMAN MAC'KIE: And that -- I'm starting to be persuaded that that might be the right way to go. My question is would it then add three percent to the total cost of Phase III, because Phase III is then going to be too sparse and would need to be upgraded? I mean, where will it end? COMMISSIONER CONSTANTINE: What's the distance from that 700 feet and then County Barn to Santa Barbara? Because it's actually a shorter segment of -- MR. RYZIW: From County Barn to Santa Barbara? I believe it's a little bit over a mile through the intersection. CHAIRWOMAN MAC'KIE: But is there any reason to think they're not going to want the same density of plant material as the people in front of Countryside? COMMISSIONER CONSTANTINE: They may, but the point is, is it's closer in distance to the first phase, which was in your district, which was about $230,000. So a three percent differential there, you're looking at maybe 6,000 bucks; six to 10, tops. CHAIRWOMAN MAC'KIE: Well, if we're going to do it today, we ought to do it for Phase III as well, and not do this again. I mean, if what we're saying is that we want to enhance the gateway plan further out -- and I see Mr. Botner in the room, and I wish you -- MR. FERNANDEZ: Madam Chairwoman, can I speak to that, please? CHAIRWOMAN MAC'KIE: Please. MR. FERNANDEZ: I would suggest that if the board has the interest in changing the plan, that you have the whole plan in front of you, that you understand the implications of if you tinker with it here, what happens over there. I really think it's a better way to do that than to sit here today and try to visualize in your own minds what you'd like to have happen and then give us specific direction that may or may not have that effect. CHAIRWOMAN MAC'KIE: I'd support looking at the master plan to see if now that we see it in the ground, we know we want more trees, we want more planting in the gateway features of the plan. I'd support looking at it for that purpose. COMMISSIONER CONSTANTINE: I don't mind doing that. Is there any interest in correcting the one segment that's completed? I certainly don't know that we should be making the adjustments on Phase III today without the plan in front of us, but to make the $15,000 adjustment. COMMISSIONER CARTER: George Botner's in the room. George? Could we invite him up here to the microphone? I would like to get his input on the whole project and the fill-in piece and what his professional opinion is. Page 38 November 9, 1999 CHAIRWOMAN MAC'KIE: And if I could just, just before you comment, George, say that's exactly what I think our county administrator is leading us toward is if we would reconsider this, we could hear it -- we could look at this in an overall plan perspective instead of just piecemeal. MR. BOTNER: For the record, George Botner, president of Collier Naples Scape. Also consultant on Phase I and II of Davis Boulevard. I absolutely concur with the feeling that Davis Boulevard is, of all the streets, the 144 miles of streets we have in our streetscape network, one of the main gateways, if you will, into our community. That in and of itself could be supportive of the argument that it should deserve special landscape treatment, even more special than that that is already afforded to the rest of that network. The budget, of course, is -- and has always been a concern to build-out of this whole program. And I think it's correctly observed that as you travel from the core of our community out to the perimeter, the landscape necessarily becomes less intense and more native. That's always been the intent. However, that can be ameliorated to some extent on gateways. And that's what our feeling is right now, that if we did do an adjustment to the streetscape master plan, it might be in the area of the gateways and what we did to those. CHAIRWOMAN MAC'KIE: I'd like to look at that. COMMISSIONER CONSTANTINE: Two weeks. CHAIRWOMAN MAC'KIE: Two weeks? How about that, Members? Anybody else interested in looking at the gateway features? COMMISSIONER NORRIS: Why don't we bring it back in December, rather than two weeks? I'm going to be gone at 2:30. CHAIRWOMAN MAC'KIE: In two weeks? COMMISSIONER NORRIS: In two weeks. Try to keep that meeting short. COMMISSIONER BERRY: I think we need to look at the whole plan. I don't like just adding -- going and adding things, because I think that what we need to do is look at the other gateways and make sure we've done that correctly. But let's don't just go, you know, on knee jerk reaction and go fill in something, because -- COMMISSIONER CONSTANTINE: No, I can't dis -- COMMISSIONER BERRY: -- you know, I'd rather look at the whole plan. COMMISSIONER CONSTANTINE: I can't disagree. And that's the argument I make once a month on our budget stuff. Because I like it when we look at it in the whole big picture. MR. FERNANDEZ: Madam Chairwoman, I would think that if the board wants to take a look at this, you may want to give us more time so that we can have the materials presented in your packets and we're not rushing around -- CHAIRWOMAN MAC'KIE: That's good. MR. FERNANDEZ: -- trying to distribute them. So I think more than two weeks is going to be required. CHAIRWOMAN MAC'KIE: How about if we -- Page 39 November 9, 1999 COMMISSIONER BERRY: December. CHAIRWOMAN MAC'KIE: -- do it at your discretion at the earliest possible date. COMMISSIONER CONSTANTINE: Can we shoot for December? Is that enough time, Mr. Fernandez? COMMISSIONER BERRY: 14th. MR. FERNANDEZ: That should be. COMMISSIONER CONSTANTINE: 14th? COMMISSIONER CARTER: Yes. And I think I hear two questions from -- Commissioner Berry I think raised an excellent point. Let's look at the gateways, let's look at the total plans for gateways, let's get the big picture if we might, please, so that when we make this decision, we will be in sync for the total community. CHAIRWOMAN MAC'KIE: North and south. COMMISSIONER CARTER: North and south. Item #8B2 REQUEST FOR WAIVER OF LANDFILL DISPOSAL FEES FOR CONSTRUCTION DEBRIS FROM THE "BUILD A HOME FOR GEORGE PROJECT" IN IMMOKALEE - APPROVED CHAIRWOMAN MAC'KIE: Okay. Great. Let's end at one more item before we take our break, and that's the landfill disposal fee waiver for -- COMMISSIONER NORRIS: Motion to approve. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. We'll be back in 15 minutes. (Recess.) CHAIRWOMAN MAC'KIE: We'll call the meeting back to order of the Board of County Commissioners, November 9th, 1999. On the next item about to come before the board on the Gulf Coast Skimmers issue, I had just had a conversation with Mr. Hooley and he was going to speak with his client. Do you guys need a little more time, John? COMMISSIONER CONSTANTINE: The yes or no question. CHAIRWOMAN MAC'KIE: Yes or no, please. Just tell me if you need a moment more. MR. HOOLEY: Yes, Madam Chairman, we would. But I would still like to address the commission and then go outside and talk. CHAIRWOMAN MAC'KIE: Okay. I don't know how I can do that. What I'm going to do is go ahead and take the next couple of items, the next two items, which will be very short, to give you guys time to talk. Item #8C2 Page 40 November 9, 1999 PERSONAL GRANT FROM THE FRIENDS OF THE LIBRARY TO INSTITUTE A FORMAL LITERACY PROGRAM WITHIN THE COLLIER COUNTY PUBLIC LIBRARY SYSTEM - APPROVED So we're going to go to 8(C) (2), the Friends of the Library. COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Thanks. That's not going to give them much time to talk if we do it like that. MR. JONES: For the record, I was John Jones. COMMISSIONER BERRY: You aren't now? COMMISSIONER CONSTANTINE: That was a beautiful presentation. MR. JONES: Thank you, sir. CHAIRWOMAN MAC'KIE: Are there any registered public speakers, she asks, slowly, trying to give them a little time in the hallway. MR. FERNANDEZ: I think John Jones wanted to say a few words. CHAIRWOMAN MAC'KIE: He did. COMMISSIONER BERRY: Well, let's let Mr. Jones say a few words. COMMISSIONER CONSTANTINE: Or, let's pick a couple other quick items up. COMMISSIONER BERRY: No, let's hear from Mr. Jones. If he had something to say to us, I think we ought to hear. CHAIRWOMAN MAC'KIE: Beauregard, come on back. MR. FERNANDEZ: He'll be brief. He just wants to say a few things. MR. JONES: I think probably -- if I have a few moments, then I think probably I'd like to publicly state in front of this board of commissions how much we appreciate the interest of the Lozier family and their walking the walk, not only just talking the talk in bringing forth this money to our use. And I think their trust in the public library is being a vehicle to carry it out. It is through citizens like this and the continued support of the commission that the library continues to prosper. And we're not unaware of the trust that you and the citizens both put in us. And sometimes my humor may be misplaced, but we always recognize who we are and where we are and why we're here. And in this case we are here this morning because of Mr. Gordon Lozier and his generosity to the library system in the county. CHAIRWOMAN MAC'KIE: And this grant's going to be used for a literacy program? MR. JONES: We're going to -- we've had a two-year program, a literacy program, on Marco Island for the last two years. We have 124 students. We have four trainers and about 60 trained tutors. Our literacy program is a one-on-one opportunity. We hope to expand it next year into Immokalee. But Immokalee this year we're putting the information referral service in. And so one step at a time in Immokalee. But the information referral service that's going into Immokalee will provide an access point for all citizens to come to say where can I get this? And we're going to start first with county, state, Page 41 November 9, 1999 federal, churches, putting together a data base of where all types of services are located. So that's going in Immokalee this year, the literacy into Marco. And next year they'll be flip-flopped. CHAIRWOMAN MAC'KIE: And for people who want to access the program should just contact their local library branch? MR. JONES: The literacy program? CHAIRWOMAN MAC'KIE: Yes, sir. MR. JONES: Yes, ma'am. At the present time, though, it's only going to be available in Marco and in that area, and we'll expand it out after we get it up and running. CHAIRWOMAN MAC'KIE: Thank you, sir. We have a motion and a second on the floor. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. And Ms. Filson, would you remind me to write a letter of thanks? Item #SD1 ROBEY-BARBER INSURANCE SERVICES, INC., SELECTED AS THE COUNTY'S GROUP HEALTH CLAIMS ADMINISTRATION COMPANY - APPROVED Item 16(D) (2) Commissioner Constantine pulled from the agenda. COMMISSIONER CONSTANTINE: I'll move the item. answered by staff during our morning break. CHAIRWOMAN MAC'KIE: Well, there you go. Is there a second? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. *** ~CUMENT MAY BE FOUND AT THE END OF THE MINUTES *** Item #1 RESOLUTION 99-416, APPOINTING LARRY MULLINS TO THE AFFORDABLE HOUSING COMMISSION - ADOPTED I got my question How about if we do Item 10(B), appointment of member to the Affordable Housing Commission. COMMISSIONER BERRY: 10 what one? CHAIRWOMAN MAC'KIE: 10(B), as in boy. COMMISSIONER CONSTANTINE: I make a motion we approve Larry Mullins. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Motion and a second. Opposed? (No response.) Yes, second. That's an excellent idea. All in favor, please say aye. Page 42 November 9, 1999 CHAIRWOMAN MAC'KIE: That passes unanimously. Page 43 NOV 0 9 1999 RESOLUTION NO. 99-416 A RESOLUTION APPOINTING LARRY MULI.,INS TO THE AFFORDABLE HOUSING COMMISSION. WHEREAS, Collier County Ordinance No. 91-65 created the Affordable Housing Commission and provides that the County Commission shall appoint five (5) members to the Affordable Housing Commission and the City of Naples shall appoint four (4) members to the Affordable Housing Commission; and WHEREAS, the term of one (1) member expired creating a vacancy on this commission; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Larry Mullins is hereby appointed to the Affordable Housing for a three (3) year term, said term to expire on October 1, 2002. This Resolution adopted after motion, second and majority vote. ~i;,~,,:DAT..ED: November 9, 1999 ATTESTi': DWIGHT i~. BROCK, Clerk signature only. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, Chaigwoman David C. Weig~ County Attorney DCW/kn November 9, 1999 Item #10C RESOLUTION 99-417, APPOINTING JAMES R. GIBSON, JR. AND BEVERLY EDWARDS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE - ADOPTED 10(C) appointment of -- I think it's two members to the productivity committee. COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: I go with committee's recommendations. Is there a second for that? I'll second that. Motion and a second. All in favor, please That passes unanimously. Page 44 !999 RESOLUTION NO. 99-417 A RESOLUTION APPOINTING MEMBERS TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE. WHEREAS, The County Government Productivity Committee was established by the Board of County Commissioners through the adoption of Collier County Ordinance No. 91-10, as mended; and WHEREAS, Ordinance No. 91-10, as amended, provides that the Committee shall consist of 13 members; and WHEREAS, there are currently two (2) vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. James R. Gibson, Jr., is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional 2 year term, said term to expire on February 4, 2002. 2. Beverly Edwards is hereby appointed to the County Government Productivity Committee to fulfill the remainder of the vacant term plus an additional 2 year term, said term to expire on February 4, 2002. This Resolution adopted after motion, second and unanimous vote. DATED: November 9, 1999 ATTEST: GHT'E. BROCK, Clerk Approved ~s ~o ~d lcg~ su~ciency: David C. Weige['" County Attorney DCW/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAM~LA S.-I~IA~'KI~, Ctlair~r~an November 9, 1999 Item #10D IMMOKALEE ROAD DESIGN AND WATER QUALITY SWALE - DISCUSSED I can tell you about Item 10(D). That's subsequent to the letter that we got from Mr. Tears. He has had further discussions with our staff and they have come up with a program that they think is the most efficient way to address the problems of the swale without delaying Immokalee Road, which is just not an option. It cannot possibly be delayed. COMMISSIONER BERRY: It certainly is not an option. CHAIRWOMAN MAC'KIE: I understood that. COMMISSIONER BERRY: This commissioner would have mutiny. CHAIRWOMAN MAC'KIE: Oh, yeah. Appropriately so. So I don't feel the need -- COMMISSIONER CONSTANTINE: That explains that gun you were carrying this morning. COMMISSIONER BERRY: Absolutely. We're tough out there. CHAIRWOMAN MAC'KIE: I don't need to discuss that item, so -- unless somebody else has something they were dying to say on that, we could consider that -- COMMISSIONER CARTER: committee -- CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: board to that committee. Could I come back to the productivity Yes, sir. -- for a moment? I'm the liaison from the And what they're looking for from the board is any time we have projects, that we bring it as a board to them. They don't want individual board members just coming and bringing a project. They'd like to know what we the board want. So if any of you have specific projects that you want them to look at, I would be happy to discuss those with the committee. Because there was some discussion about them redefining the role, what they should be doing. CHAIRWOMAN MAC'KIE: I think it'd be a good idea, Jim, if we could see probably even on a quarterly basis their matrix of work and continue to either endorse or supplement or take things off on a quarterly basis. If you could bring us back something like that, it looks like support from the board. COMMISSIONER CARTER: Good. Item #8C1 REVIEW OPTIONS RELATING TO LEASE BETWEEN COLLIER COUNTY AND THE GULF COAST SKIMMERS WATER SKI SHOW, INC. (GCS), INCLUDING POSSIBLE SHARED USE OF LAKE AVALON AND OTHER LEASED FACILITIES BY TWO FACTIONS WITHIN GCS, SUSPENSION OF LESSEE'S OPERATIONS OR TERMINATION OF THE LEASE AGREEMENT - WITHDRAWN BASED UPON RESOLUTION OF CASE #99-880ca AND AGREEMENT THAT SOUTHERN EXTREME AGREES NOT TO SUE GULF COAST SKIMMERS REGARDING SUSPENSION OF USE OF LAKE AVALON Page 45 November 9, 1999 CHAIRWOMAN MAC'KIE: I see the lawyers back in the room on the Gulf Coast Skimmers Item 10 -- I'm sorry, 8(C) (1). Have you guys reached any kind of an agreement? MR. HOOLEY: Madam Chair what I remember, I think we need to -- CHAIRWOMAN MAC'KIE: Mr. Hooley, come to the microphone, and then we'll hear from Mr. Reinertsen. Yes, sir? MR. HOOLEY: My name is John Hooley. I think we actually need to be heard. CHAIRWOMAN MAC'KIE: Okay, thank you. That's what I needed to hear. What I had asked them on the break is I'd asked them earlier -- just so the board knows what shenanigans I've been trying to pull -- is I've asked both groups if they would voluntarily suspend their use of the lake, pending resolution of the legal case. Apparently that is not something that could be agreed to. So we'll hear from Mr. Olliff on this matter. COMMISSIONER BERRY: Madam Chairman, how many -- we're going to get into speakers, I'm sure. Could we know how many speakers and looking at the time frame? CHAIRWOMAN MAC'KIE: I have checked and there are 30 registered speakers. I want to advise the people who are registered to speak that before you speak, I'm going to ask you what you have to talk about. If you want to talk about what a wonderful organization this -- either of these two water-ski groups is, that's not relevant for today. Today's question is simply what shall this board do in reaction to an order by a judge with regard to the lease, which is a legal document. I'm not going to be talking about the Skimmers. I have to tell you, I am aggravated that all these children are not in school. They belong in school. They should not be here. I specifically said that ahead of time to Mr. Gursoy. Please don't bring these children here. Please send them to school. Because we don't have an issue in front of us today that is relevant for children. We have a legal question in front of us today. And we may or may not get to hear from these kids, depending upon whether they have a law degree or some understanding of the legal issues we are faced with today. COMMISSIONER BERRY: One other question, Madam Chairman. Is this going to be the last item before the lunch break? Well, the only reason I'm saying that, is there are people here, and if they don't need to be -- if they don't want to sit through this, then they need to know where on the agenda they're going to fit in and what the time frame's going to be. CHAIRWOMAN MAC'KIE: I'm hopeful that it's not going to be the last item before the lunch break. Probably unrealistic. It's 11:00. COMMISSIONER CONSTANTINE: Would it be safe to say we won't get to the land use items, the afternoon agenda, so to speak, until this afternoon? COMMISSIONER NORRIS: I think that's safe to say. Page 46 November 9, 1999 COMMISSIONER CONSTANTINE: Because we'll still have -- even if we get through this, we've got the road plan and -- CHAIRWOMAN MAC'KIE: And we've got the evaluation. COMMISSIONER BERRY: You've got the evaluation. So -- and I don't think you're going to get to that before noon. CHAIRWOMAN MAC'KIE: Well, the only thing I could promise is that we won't get to the afternoon agenda before the lunch break. So let's see how it goes. Mr. Olliff? MR. OLLIFF: Good morning, commissioners. For the record, Tom Olliff, public services administrator. This morning -- in fact late yesterday, I believe, you should have been handed an executive summary which helped to fill in some of what was provided in the executive summary that was in the actual printed agenda package. That executive summary was prepared after the staff had received a copy of the final court order from the court regarding access to the lake. In the executive summary outlines for the board's consideration, three options in response to the court order, and in trying to keep this brief, I'll just generally go over each of those for you. The first obviously is simply compliance with the court order, which provides shared access to both groups to Lake Avalon. The court order is fairly clear in that it provides access on Mondays, Tuesdays, Wednesdays and the first part of Saturday morning to the group, which in this executive summary we've referred to as Southern Extreme. The only reason it's been referred to as Southern Extreme is simply just to clarify for the board in trying to at least help understand the two different groups and the issues. It has nothing to do with the judgment call on who's right or wrong in terms of the actual case. CHAIRWOMAN MAC'KIE: Probably better just to call them Group A and Group B, or somebody might object to that. MR. OLLIFF: The court order did require that sufficient insurances be provided to the satisfaction of the county. Late in the week last week a letter was sent to both parties regarding insurance issues that were still outstanding. As of the end of the day Friday, all of the insurance issues had been resolved and letters were then sent to both sides saying that in accordance with the court order both groups would have access to the lake. Saturday morning, simply to avoid that again, Mr. Reinertsen's and Mr. Hooley's group had access to the lake and did ski. And I personally went out there on Saturday morning, and frankly, I think things went very well. It was conducted well. Everyone seemed to have a good time and they were out of there by 12:30 in accordance with the court order. The second option provided for you is actually a consideration of a termination of the existing lease between Collier County and the Gulf Coast Skimmers. The executive summary does provide for you the very limited termination language that is included in the lease document that's in existence. Page 47 November 9, 1999 Clearly, I don't think that the issues presented by the court order provide you with an opportunity to terminate under the specific language that's provided therein in the lease. However, we do believe that the County Commission has the opportunity under its Chapter 125 Florida Statute and home rule powers to terminate the agreement, should it believe that there is a legitimate safety concern for either the participants in the organization or the general public that accesses the park. Obviously there would be some risk involved should the board decide to make that decision. And the last option, and this is the staff recommended option, is a suspension of the lease. As in the termination option, there is not specific language in the lease that provides for a suspension. However, again, under the county's statutory abilities to look out for the community's health, safety and welfare, we believe that should the board make a finding that there are legitimate safety concerns at this lake, with both groups using the facility, that they have the ability to suspend the lease. Now, what is recommended is a suspension until such time as the court makes a determination as to which of the groups is in fact the president and board of directors of the Gulf Coast Skimmers. With that -- I think I'd be available to answer any questions, but I think knowing that there are 30 speakers, Madam Chair, we -- CHAIRWOMAN MAC'KIE: Just one question. Would you -- what case would you make for this board about whether or not there is a safety concern for the two groups to be operating -- to be sharing the lake? MR. OLLIFF: I think in the executive summary package that you have, it includes the number of police reports and incidences that were filed over the course of the summer. And this is a period of time when there was a great deal of contention between the two groups. I think there were at least 15 different incidents where the police were called onto the site and have filed police reports. There were a number of issues in regards to confrontation and agitation between both groups and the park ranger staff that was there. And I believe there were several issues where there were actual public safety issues that arose. Now, I will not stand here and tell you that I can know that that kind of a contentious atmosphere is going to exist should we allow both groups to have access, but I can tell you, that is the history. And I will also point out that if there are 30 some odd registered speakers here this morning, it points to the fact that this is still a very emotional, passionate issue for the people that are out there. And while I would like to think that both groups could participate at that lake, I think an old adage that kept me out of a lot of trouble my mother used to always tell me, better safe than sorry. And unfortunately, I think that kind of holds true here, too. I think from the county's perspective, I cannot sit here and tell you that the participants that are involved who are primarily children who are dealing with boats and motorized equipment and heavy equipment, in some cases are the general public that goes into that Page 48 November 9, 1999 park, are going to be benefitted by both groups having access, given the past history. CHAIRWOMAN MAC'KIE: I'm going to say, based on my knowledge, that there has been a history of serious safety concerns there. That's the reason why I've spoken to both groups and asked them please to voluntarily suspend use of the lake until the judge decides which group is the Skimmers. As far as I'm concerned, it's just like, you know, the deal with Solomon, he said he'd split the baby, and then you saw who cared about the baby, because they said, no, no, no, give it to the other one. Well, in this case I'm unable to get -- I'm unable to determine who cares about the Gulf Coast Skimmers, because I do not have an agreement from the two groups to suspend the use of the lake. And I think that is the safest, best thing to do. I wish it were a voluntary on behalf of those two groups. And I'm going to ask them again as they come up here, will you voluntarily suspend use of the lake in the best interest of the program. Commissioners? Commissioner Constantine? COMMISSIONER CONSTANTINE: Tom, you mentioned a proposed schedule. How many groups are you trying to schedule in that proposal? MR. OLLIFF: Two. COMMISSIONER CONSTANTINE: How many groups does the county have an agreement with? MR. OLLIFF: One. COMMISSIONER CONSTANTINE: And that's the crux of the issue. And we're not going to decide today who's in charge of that one group. Hugh Hayes is at some point. And so I've got to agree with Commissioner Mac'Kie. I will tell you what absolutely distresses me and that is the attorneys involved. Last week I sat down with John Gursoy and I spoke on the phone with Dave, and both of them said in the way of the true mother and Solomon, you know, whatever it takes. We're here for the kids. If we need to suspend the program, I've got no problem with that. Neither one of them had a bad word to say about anybody. They were concerned about the program and the long-term end. Both have attorneys, and both have changed what they've said as of yesterday. I haven't talked specifically with Dave, but I talked to the attorney. As a matter of fact, I talked to their attorney 30 minutes after I talked to Dave, who told me the exact opposite. No, no, we can't give that up, and then Terry Lenick saying no, there are legal issues involved. That's silly. That's absolutely silly. And I would ask both groups, the leaders of your groups, not the attorneys, to do what is in your heart and do what's in the best interest of the kids. And listening to the attorneys and trying to fight one another in this venue is not what's in the best interest of the program or the kids. CHAIRWOMAN MAC'KIE: Other comments, commissioners? COMMISSIONER CARTER: I just happen to agree with both you, Madam Chairman, and Commissioner Constantine, that it is a tragedy for this Page 49 November 9, 1999 community that adults can't get together and resolve an issue in the best interest of children instead of letting legal technicalities drive a process where a judge will finally have to make the decision. I agree, we have a contract with one group. I agree, we need to suspend until the adults get their act together. COMMISSIONER NORRIS: I can't argue with any of those points that are made. COMMISSIONER BERRY: That's exactly my feelings. CHAIRWOMAN MAC'KIE: So we'll call the public speakers, and we'll see how we can deal with those as they come. MR. FERNANDEZ: Okay. The first two speakers are Terry Lenick and John Gursoy. MR. LENICK: For the record, my name is Terry Lenick. I'm the attorney for Mr. Gursoy and the group. And just on a light-hearted note, I know some attorneys and they're nice people, too. Here's the legal problem, which is what I've got to tell you. First of all, it's been suggested that this whole process has been caused by John Gursoy, and I'd like to make sure it's straight up on the record that this meeting was not caused by Mr. Gursoy. CHAIRWOMAN MAC'KIE: You're talking about whether -- why we're having this meeting today? We're having this meeting today because as we got an order from the judge, the commission asked our staff, how shall we deal with that? MR. FERNANDEZ: Right. CHAIRWOMAN MAC'KIE: That's why we're here today. MR. LENICK: The other thing is, is I tried to get an evidentiary hearing before Judge Hugh Hayes to put Mr. Olliff on the stand with regard to the matter. Judge Hayes did not want an evidentiary hearing, he did not want to hear any evidence, and he just split the baby, is what he did, without anything. So that's where we're here now today. With regard to the organization, Mr. Gursoy and his board of directors have a fiduciary obligation to the organization to continue the status quo and maintain the course of events, because if he doesn't, then he's subjected to the other side coming back and saying that he got rid of the baby or killed the asset during his reign and he's got a liability problem. CHAIRWOMAN MAC'KIE: Let me hold -- MR. LENICK: That being said -- CHAIRWOMAN MAC'KIE: -- you on that point, Mr. Lenick, because that's the crux of the question here. And I, you know, respectfully disagree with your legal interpretation there, because the fiduciary duty that the president of an organization or a member of a board of trustees has is to do what's in the best interest of the organization. If you get adequate assurances from this County Commission that a suspension, a voluntary suspension of use of the lake will not affect -- that this county will honor the lease that it has with the organization that is identified by the court as the Skimmers, then that asset is not at risk. Page 50 November 9, 1999 What I'm asking you today is could your client please, in the best interest of the Skimmers' organization -- he has -- in my judgment, he has a duty to agree to step back and wait for the resolution of the case. MR. LENICK: If we can get a -- it's not the County Commission that I'm afraid of with regard to the client. I mean, my client's been the big signet in just about everything. What I'm afraid of is that the other group, the other fraction, will sue him for breaching the fiduciary obligation, not maintaining the entertainment show, not maintaining the goodwill, et cetera. CHAIRWOMAN MAC'KIE: Could we get some kind of a -- MR. LENICK: If they will assure us that they would agree to the thing -- as I told you, Chairman Mac'Kie, in the hallway, if they would agree, then that would relieve us from that legal problem that I see to also agree. Okay? So what it comes down to is if -- my understanding is Mr. Reinertsen and Mr. Gursoy may have already agreed. If the attorney for Mr. -- the other group will agree, then you probably have a solution here. CHAIRWOMAN MAC'KIE: Then I'm going to take the Chair's prerogative here and call Mr. Hooley as the speaker. MR. HOOLEY: Thank you, Madam Chairwoman. CHAIRWOMAN MAC'KIE: If you'd get on the record, please, sir. I don't know, it's not funny to me. MR. HOOLEY: My name is John Hooley. I do represent the Skimmers, but I'm also a voter. You all have to answer to me and you all have to answer to your constituency. CHAIRWOMAN MAC'KIE: Today are you here in your capacity as a voter or as an attorney? MR. HOOLEY: Both. Both. CHAIRWOMAN MAC'KIE: I wonder if there's some conflict there, but go right ahead. MR. HOOLEY: This is a complicated situation. I know you're all honorable people and you all want to see what's done for the best of everybody. And you want to be fair and you want to look like you're fair. And in order to do that, what do you need to do? You need to hear all the facts. Now, who's doing that? Judge Hayes is doing that. CHAIRWOMAN MAC'KIE: No, I'm sorry, I'm going to interrupt you, because I've called you up at this moment out of order for the specific question of asking -- the purpose of asking you this question: If Mr. Gursoy's group -- MR. HOOLEY: We're not going to sue Mr. Gursoy for breach of a fiduciary duty because they suspended at the lake. That's crazy. CHAIRWOMAN MAC'KIE: Okay, then pause. Then come back, Mr. Reinertsen, please -- I'm sorry, Mr. Lenick. Is that statement sufficient to address your concerns? COMMISSIONER BERRY: Is binding? CHAIRWOMAN MAC'KIE: It certainly could be made binding in a written documentation. Page 51 November 9, 1999 MR. LENICK: I think what -- I think it's real simple. If he'll agree to a suspension, we can then agree to a suspension. CHAIRWOMAN MAC'KIE: Mr. Hooley, will your group agree to suspend use of the lake, pending the outcome of the case that's before Judge Hayes? MR. HOOLEY: We spoke about it. We still think that we should have a hearing in front of the board. I mean, we may agree later, but we've got some issues that need to be resolved first. CHAIRWOMAN MAC'KIE: That are issues with this County Commission? MR. HOOLEY: With the County Commission today right now. CHAIRWOMAN MAC'KIE: Okay. Then let's go back in order with the speakers. MR. HOOLEY: You want to be fair, you've got a judge's order. The judge is trying to be fair. CHAIRWOMAN MAC'KIE: I'm sorry, Mr. Hooley, I meant let's go back in order with the speakers. We'll go through the process, if that's what you want. MR. HOOLEY: Fine. MR. FERNANDEZ: John Gursoy and then Susan Rue. MR. LENICK: I don't have anything to say. I'm here legally representing that that's really the position. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: Can I just ask a quick question? And this is out of order as well. But I saw Dave actually nodding when you were asking up here at the podium will they agree to a suspension as well. CHAIRWOMAN MAC'KIE: Maybe we should ask Mr. Reinertsen to come to the podium. COMMISSIONER CONSTANTINE: Because if he will, I think we can solve this. And, you know, maybe not. But -- CHAIRWOMAN MAC'KIE: Could we -- are you a registered speaker, Mr. Reinertsen? MR. REINERTSEN: Yes, I am. CHAIRWOMAN MAC'KIE: Would you speak now? Same question I asked your lawyer. MR. REINERTSEN: My name is David Reinertsen. And yeah, you know, we'd be glad. I mean, we've waited eight months and obviously we're disappointed, because we were -- CHAIRWOMAN MAC'KIE: I know. MR. REINERTSEN: -- when I spoke with Mr. Olliff, he asked us to do the right thing and take the high road and stay away for awhile and let the courts take its course. And that's what we did, you know. And now we've waited all this time. We went out there, we conducted ourselves like adults out there. And, you know, it's pretty hard to have to tell all our kids, well, you're going to have to wait longer again, you know. But, you know, we can do that. I just want it to be a fair situation where -- you know, I know Mr. Gursoy has the keys and all this. And we're going to be playing this game again where, you know, all of a sudden there's a show on the lake next week because we agreed to this. Page 52 November 9, 1999 COMMISSIONER BERRY: No, there's not going to be. COMMISSIONER NORRIS: No, that's not what we're talking about. COMMISSIONER BERRY: There's not going to be anything. MR. REINERTSEN: We've been dealing with this -- you know, with these false accusations, all these things, all these police reports. Ridiculous. We weren't even there this summer. CHAIRWOMAN MAC'KIE: I've got to do the same thing with you as I've done with the others. MR. REINERTSEN: I'm very sorry. I just -- you know, I just want it to be fair. You know, it just seems unfair to us. And I'm sorry, I do agree that we should, you know, do what's best for the whole organization. I don't want to see us lose the lease. I worked long and hard, and a lot of the rest of us did, for this. And it's great for the kids, and -- CHAIRWOMAN MAC'KIE: So on behalf of the group that you represent, are you willing to suspend use of the lake until the resolution of the lawsuit before Judge Hayes, and are you willing to waive any right to sue Gursoy -- MR. REINERTSEN: Well, that -- CHAIRWOMAN MAC'KIE: I'm sorry, let me ask the question. -- waive any right to sue Gursoy on the subject of whether or not this voluntary suspension was a violation of his fiduciary duty to the organization? MR. REINERTSEN: That's fine. He's already -- that's already in the lawsuit, fiduciary duty, so it doesn't pertain to this, but it pertains to the past. CHAIRWOMAN MAC'KIE: So as to this action, are you willing to waive -- MR. REINERTSEN: Yes, ma'am. CHAIRWOMAN MAC'KIE: Okay. So John -- or not willing to give up a case they believe they already have against you, but they are willing to give up a lawsuit with regard to the suspension of the lease. Mr. Weigel, are there other issues -- COMMISSIONER CONSTANTINE: Thanks, Dave. CHAIRWOMAN MAC'KIE: Thank you. Are there other issues that we would need to resolve in order to address the concern about whether or not -- if these two sides are willing to agree, is there anything else we need to discuss today? MR. WEIGEL: I'm happy to be riding shotgun with you on this mission today, Commissioner. No, there are no additional issues. I think that it's been framed appropriately in the executive summary before you. The recommendation that is part of the executive summary is fairly comprehensive, addressing elements of -- CHAIRWOMAN MAC'KIE: But David -- MR. WEIGEL: -- health and safety -- CHAIRWOMAN MAC'KIE: -- I'm sorry to interrupt you, but my question is, can we withdraw this item from the agenda today because the parties have resolved it -- Page 53 November 9, 1999 MR. GURSOY: We haven't resolved it. CHAIRWOMAN MAC'KIE: -- between themselves? Because they have agreed to suspend use of the lake pending resolution of the lawsuit before Judge Hayes, could we then withdraw this item from the agenda? Is there any reason we need to hear this item? MR. WEIGEL: I don't think so. I think that they have both stated -- MR. GURSOY: I haven't had a chance to be heard. MR. WEIGEL: -- on the record -- they both stated on the record their intentions and with specificity that it's upon a judicial determination in the court action. And from that standpoint, the county would not have to take official action at this time. COMMISSIONER NORRIS: Well, let's get Mr. Gursoy to state on the record what his intentions -- CHAIRWOMAN MAC'KIE: Well, his lawyer has, but we'll hear from Mr. Gursoy. MR. GURSOY: Thank you. John Gursoy, president and founder of the Gulf Coast Skimmers, for the record. What my concern is, commissioners, is I appreciate Mr. Hooley making a presentation and Mr. Reinertsen making a presentation. However, they don't agree on what they both have said, so there's not a congruency as to what might occur here. With all due respect, we're trying to create a binding statement here. I don't know if that is possible, as far as what their actions will be in the future. My fiduciary responsibility, as Terry Lenick stated, is to try and keep the organization running as best as possible in this time in which it is under duress and stress. Importantly, there's several issues of why it is important to continue operating. One is a financial. Susan Rue is our CPA who will be testifying to that next -- COMMISSIONER CONSTANTINE: Just a second, John. Terry said gosh, if we can get past the potential lawsuit issue we can agree to the suspension. You're now saying that's not true? Because frankly I've heard both attorneys say something different than both presidents. I don't need to hear from the attorneys if you're not actually representing your client. MR. GURSOY: I understand. Okay, I just want -- CHAIRWOMAN MAC'KIE: But answer his question, please. MR. GURSOY: -- the record to be heard. I know, I understand. COMMISSIONER CONSTANTINE: Is what Terry said accurate or not? MR. GURSOY: I'm not there quite yet, okay? CHAIRWOMAN MAC'KIE: So the answer is no? MR. GURSOY: Because -- no, I'm not saying it's no. CHAIRWOMAN MAC'KIE: Well, what -- MR. GURSOY: I'm in dialogue with you right now, okay? CHAIRWOMAN MAC'KIE: Ail right. MR. GURSOY: I'm asking for your respect, because this is something new that was presented to me out in the hallway. My full board of directors may or may not be here. I don't know, I haven't Page 54 November 9, 1999 had a chance to look at the crowd. And to make this decision solely on my own, I do not want to take that risk. CHAIRWOMAN MAC'KIE: Would you like to have a five-minute break? MR. GURSOY: I'd like to just -- CHAIRWOMAN MAC'KIE: Okay, John, go ahead. MR. GURSOY: With all due respect. But we have an obligation; one, to the community, that we provide an entertainment venue out there. No. 2 is there's a goodwill fac -- situation here where the community is coming up on a regular basis. We have benefactors and donors that I'm very concerned about that will be interrupted if this could go on beyond December or further on. Not to mention the kids. The kids having -- you know, that's a given right there. But more importantly, we might have something here where there is nothing left when it's all said and done. Hugh Hayes even said you may win in court, perhaps one of you parties might be the prevailing parties; however, you still have the landlord to deal with. Okay, this is what my concern is, that something like this would have come to the table where if the show is temporarily suspended, the message to the community is going to be very disruptive. The message to the community is that we might not ever get back up on our feet again. CHAIRWOMAN MAC'KIE: We just said -- and in a moment it's my intention to ask the board to vote to accept what I understood to be an offer from the two parties to suspend use of the lake. With one side, the Reinertsen side, agreeing that they would not sue you, Mr. Gursoy, or your board for violation of your fiduciary duty with regard to the suspension. At the same time, I would ask if this board would reaffirm its position that upon resolution of the court case, identifying who has control of the Skimmers, Inc., that we would continue, we'd pick right back up with our lease, as it is, to go forward. MR. GURSOY: Right. And I'm saying that I don't know if it ends up being anything left of the organization when it's all said and done, because of the financial quandary it will put us into. We have rent, we have insurance. We have no stream of income at this point. We have money that is locked up in the banks that we cannot get to. CHAIRWOMAN MAC'KIE: But what expenses do you have if you're suspending action? MR. GURSOY: There's the -- we have rent, we have insurance. CHAIRWOMAN MAC'KIE: 10 bucks. MR. GURSOY: No, not -- I'm not talking about your rent. I'm talking about to maintain all the equipment that we store. CHAIRWOMAN MAC'KIE: I'll bet you you can fundraise for that, John, but -- okay. MR. GURSOY: Okay, we're speculating, but I understand what you're saying, Commissioner Mac'Kie. But what you're talking about here is you're talking about a crisscross decision here. You have Mr. Hooley saying they're not going to suspend you, and Mr. Reinertsen saying they will suspend -- Page 55 November 9, 1999 COMMISSIONER CONSTANTINE: Then why was Mr. Lenick saying you will and Mr. Gursoy saying he doesn't want to? MR. GURSOY: I'm not saying I'm not -- I'm not saying I want to, I'm saying I'm just not quite there, because I need to have -- I don't believe that this is a binding situation on the commitment that they've made here, okay? I don't -- you know, if it's an element of trust, we're walking -- CHAIRWOMAN MAC'KIE: It would need to be -- MR. GURSOY: -- down that arena. CHAIRWOMAN MAC'KIE: -- documented in writing. I'm sure your lawyers could take care of that. If it couldn't come to a documentation, then it would be back where we are. But let's take a shot at it, John, and see if we can. MR. GURSOY: I understand what you're saying. I just don't feel comfortable -- COMMISSIONER CONSTANTINE: What is it you want, then, John? If documentation isn't enough, what is going to do the trick for you? MR. GURSOY: Well, I don't know the legal process, Commissioner Constantine, as far as what can bind the situation -- CHAIRWOMAN MAC'KIE: Your lawyer -- MR. GURSOY: -- so that their statement is valid. CHAIRWOMAN MAC'KIE: But your lawyer -- MR. GURSOY: That's what I don't understand. COMMISSIONER CONSTANTINE: So does that mean there's nothing? MR. GURSOY: No, it doesn't mean there's nothing. COMMISSIONER CONSTANTINE: Well, I need to know what it is you're asking for. Because you're saying gee, I can't accept it as it is. How can you accept it? MR. GURSOY: What is binding about today's conversation that the organization, my board of directors and myself will be protected? COMMISSIONER CONSTANTINE: I think Commissioner Mac'Kie just pointed out, that would be reduced to writing. CHAIRWOMAN MAC'KIE: And you would have to rely on your attorney to be sure that he has written it down and they have signed it. And once that happens, then it is binding. MR. GURSOY: I guess I'm done. CHAIRWOMAN MAC'KIE: Okay. MR. LENICK: May I make a suggestion we might be able to compromise? CHAIRWOMAN MAC'KIE: Go ahead. I thought we were there already, but -- MR. LENICK: Maybe the thing to do is to do it for a period of, let's say, six weeks and then review again in six weeks? CHAIRWOMAN MAC'KIE: No. COMMISSIONER NORRIS: No. MR. LENICK: Okay. Well, I take back the suggestion. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CONSTANTINE: What I might suggest is Dave's agreed to something, Terry's agreed to something. What if you could reduce that to writing by the time we came back from lunch? Page 56 November 9, 1999 MR. LENICK: That would be probably difficult for two attorneys to do, but I probably -- but I think we can agree from -- if you make a motion that there's an agreement, actual lack of usage of the -- CHAIRWOMAN MAC'KIE: I'm going to make a motion, and I'm going to make it with the proviso that if I state something that is not the agreement of the two parties, they should immediately come to the podium. And I put that to the two attorneys, in particular. My motion is that this board accept the offer from Mr. Reinertsen's group and from Mr. Gursoy's group that they will voluntarily suspend the use of the lake, pending resolution of the lawsuit currently before Judge Hayes. COMMISSIONER NORRIS: Can you be more specific about that, because -- CHAIRWOMAN MAC'KIE: Yes. Tom, can you give me a reference to that lawsuit? Has anybody got the case no? MR. WEIGEL: Yes. CHAIRWOMAN MAC'KIE: Thank you, John, good point. Case no? MR. WEIGEL: It's Case No. 99-880. CHAIRWOMAN MAC'KIE: That pending resolution of that case, usage of the lake by either of these two groups will be suspended. That in addition to that suspension of usage, Mr. Reinertsen's group, on behalf of all he represents, agree not to sue the -- Mr. Gursoy or the members of his board for their acquiescence in the suspension of the lake. MR. GURSOY: And I want Mr. Hooley to come up here and state for the record the opposite of what he said earlier, that he's agreeing to this. Because remember, he has not agreed with his client's position. CHAIRWOMAN MAC'KIE: Okay. MR. GURSOY: Pam, I'm almost there -- CHAIRWOMAN MAC'KIE: Just a moment. MR. GURSOY: I'm almost there, but he is not going -- CHAIRWOMAN MAC'KIE: Okay. Mr. Hooley, do you have any objection to any part of the motion as I just stated? MR. HOOLEY: I'm an employee of my clients. Whatever they want to do is fine with me. I may have personal beliefs that -- CHAIRWOMAN MAC'KIE: On their behalf, do you agree to the motion as I stated? MR. HOOLEY: I agree to your motion as stated. CHAIRWOMAN MAC'KIE: Mr. Reinertsen, on behalf of your client, do you agree -- I'm sorry, Mr. Lenick. I'm determined to call you by the wrong name. Mr. Lenick -- MR. LENICK: I've been called worse. CHAIRWOMAN MAC'KIE: -- on behalf of your client, do you agree? MR. LENICK: Yes, yes. CHAIRWOMAN MAC'KIE: Can I get a second for the motion? COMMISSIONER CONSTANTINE: Second. COMMISSIONER NORRIS: Just a minute. The only one other person in this room that hasn't agreed to it yet is Mr. Gursoy. MR. OLLIFF: Right, that's what -- Page 57 November 9, 1999 COMMISSIONER NORRIS: MR. GURSOY: Right. offered. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: I want to hear it on the record. I agree with that if that protection is Okay. Fine. Mr. Weigel, at this point, if the board accepts that, can we withdraw this item from the agenda and not hear from the public speakers who are registered? What would be the process? MR. WEIGEL: Well, I think that the item is heard with the board not taking action but accepting the offers that are placed on the record. My question is with Mr. Gursoy's comment he accepts with an if. I don't know why we have an if there, which leaves a question. CHAIRWOMAN MAC'KIE: John, when you answered my question, you said I accept if they gave me that assurance that they're not going to sue you. Did you mean I accept because they have given me that assurance that they're not going to sue me? MR. GURSOY: I guess I'm not following you. I guess my concern was that Mr. Hooley was up here saying that they're not going to suspend, Mr. Reinertsen said they will suspend. CHAIRWOMAN MAC'KIE: No, no, no. Now that everybody has said they will suspend and that they will not sue you for your acquiescence in suspension, do you agree, yes or no? MR. GURSOY: I agree. CHAIRWOMAN MAC'KIE: Thank you. MR. GURSOY: Okay, I agree. COMMISSIONER NORRIS: Now, one point of clarification. If this motion is successful, which it probably will be, that means it's in effect immediately -- COMMISSIONER CONSTANTINE: Correct. COMMISSIONER NORRIS: -- as of this second. CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER NORRIS: Okay. MR. GURSOY: Yeah, I understand that. COMMISSIONER CONSTANTINE: Anybody skiing on the lake right now, we'll take them down. MR. GURSOY: Right, okay. However, there are some concerns regard to there are still some improvements being done relative to the construction lease, and there are still some things that need the attention out there, such as sprinklers, some basic mulch that needs to be put down. We would need access in order to do those basic things. CHAIRWOMAN MAC'KIE: Tom, I -- how would you address that? What's your recommendation? MR. OLLIFF: Well, the only construction agreement that's in place has actually expired. I mean, there is -- we are beyond that construction agreement. So I don't personally see any reason for anybody to be out there on that leased premises till -- Page 58 November 9, 1999 CHAIRWOMAN MAC'KIE: We'd like for nobody to be there for any reason. MR. GURSOY: Okay. Well, but I -- there's some landscaping issues and what have you that aren't completed yet associated with that. CHAIRWOMAN MAC'KIE: So we don't -- MR. GURSOY: I can work that out with staff. CHAIRWOMAN MAC'KIE: -- put in some plants. MR. GURSOY: I can work that out with staff. MR. OLLIFF: Frankly, if there's something to be done out there, I'd much rather have staff just do it. CHAIRWOMAN MAC'KIE: Thank you. MR. GURSOY: Right. CHAIRWOMAN MAC'KIE: Okay. There's a motion and a second on the floor. Any further discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Motion passes unanimously. So this item is withdrawn. COMMISSIONER NORRIS: Madam Chairman, I think it would be -- MR. WEIGEL: No, not withdrawn. COMMISSIONER NORRIS: -- more appropriate to table this item -- COMMISSIONER CONSTANTINE: Well, what we did was -- COMMISSIONER NORRIS: -- an indefinite period. MR. WEIGEL: The motion was not to withdraw. Pardon me. It was heard and the board took no action on the staff recommendation. COMMISSIONER CONSTANTINE: It actually was taken -- MR. WEIGEL: It is accepted -- COMMISSIONER CONSTANTINE: -- is an acceptance of the -- THE COURT REPORTER: One at a time. I can't get you both talking at the same time. MR. WEIGEL: Pardon me. The board is accepting the offer of the parties before it and relying upon that offer in relation to the lease. CHAIRWOMAN MAC'KIE: And staff then withdraws this item and can bring it back to us at any time. COMMISSIONER NORRIS: Same -- I thought just parliamentary-wise, it would be nice to just table it so it would be ready to go at any moment. CHAIRWOMAN MAC'KIE: I think it still is. Okay, thank you. Item #8E1 RESOLUTION 99-418, POLICIES AND ORGANIZATIONAL CHANGES TO ENHANCE THE EFFICIENCY OF FUTURE ROAD PROJECTS - ADOPTED; TRANSPORTATION AGENT POSITION TO BE ADDED; AND ADDITION OF AN ATTORNEY TO FOCUS EXCLUSIVELY ON EMINENT DOMAIN CASES Page 59 November 9, 1999 Now, the next item is to talk about 8(E) (1), adoption of policies and organizational changes to enhance the efficiency of future road projects. COMMISSIONER BERRY: item? CHAIRWOMAN MAC'KIE: it 25 till? COMMISSIONER BERRY: that one? CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: Are you -- is this going to be the last I bet we could do vacation time, too. Isn't Yeah, yeah. No, that -- you're going to do Yeah. Okay. CHAIRWOMAN MAC'KIE: Okay, let's hear about the road projects. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: And you kids get to school. COMMISSIONER BERRY: Free will? UNIDENTIFIED MEMBER OF AUDIENCE: No one forced me to come here. I came on my own free will. CHAIRWOMAN MAC'KIE: I don't doubt that. COMMISSIONER BERRY: I understand, but you need to go back to school. CHAIRWOMAN MAC'KIE: But go to school of your own free will. UNIDENTIFIED MEMBER OF AUDIENCE: It's lunch time. CHAIRWOMAN MAC'KIE: All right, good deal. COMMISSIONER BERRY: That's good. That's a good time to go. CHAIRWOMAN MAC'KIE: Yes, Mr. Fernandez. MR. FERNANDEZ: This is a presentation that we previewed at your last meeting. This is a result of a combined effort of your staff. All the departments involved in the road project planning process have gotten together and have come up with a number of recommendations that we would like the board's support for today to allow us to go forward and bring these back to you in a more formal setting. The first of the recommendations that we came up with, we recognized that the issues that delayed road projects had primarily to do with the acquisition of right-of-way. We discovered that the timing of the acquisition process contributed greatly to that delay, and we have come up with some recommendations that would address that. In this case, the first recommendation is for the board to adopt an ordinance which would identify different types of roadways, depending upon the nature of the road, depending upon the amenities that the board would like to have added to that. And carrying with each specific right-of-way corridor that would be required. By identifying that corridor up front, we could begin the right-of-way acquisition process immediately, rather than waiting till the 60 percent design stage of the project to start the right-of-way acquisition. So the recommendation is that the board consider an ordinance that establishes at the very beginning what the dimensions of the road will be, what the cross-section will look like, whether there will be a median, whether there will be four lanes, six lanes, whether there Page 60 November 9, 1999 will be sidewalks, urban sections, rural section, swales, gutters. All of those will be decided at the front end of the process. The second recommendation has to do with the need for linking the implementation of plans with the planning process. And here it was found that there was the need to focus the staff effort on this by adding an additional position. The additional position will be linking the planning process with the actual implementation of those plans. The third is to add an attorney dedicated to the eminent domain process. We find that we incur substantial costs to retain counsel for this process each and every year. The trend is that those costs are increasing every year. So our recommendation is that an attorney be added to specifically address the right-of-way acquisition of the eminent domain issues. These recommendations have been discussed with the CBIA, and I can say that they're here today -- they're represented here today to speak. But this has been met with enthusiastic support on their part and we're very pleased to have that support. The feeling was that these improvements will greatly enhance our transportation project planning process. CHAIRWOMAN MAC'KIE: Question, Commissioner Constantine? COMMISSIONER CONSTANTINE: I appreciate the attempt to make some changes here. I do have a question, particularly for Mr. Weigel. On the third item, you and I had had a brief conversation discussing the hiring of outside and the expenses of that versus bringing somebody in. And I just wanted to get your comments on the record, if we could. MR. WEIGEL: Okay, thank you. Well, I think as the board is aware, we have used outside counsel for a period of years. In fact, nearly 20 years we've used outside counsel, in particular, Joe Fixel, currently of the firm Fixel and McGuire. I wanted to make sure that the board understood that in attempting to take a snapshot of costs for any one particular year -- of course, the figures must be accurate. But also, that can be potentially misleading. As an example, with outside counsel costs for a specialist in the field, of which there are only eight or 10 firms in the state that do so, our costs were significantly less than 20,000 in 1997. Approximately $65,500 in 1998, and about 153,000 during calendar year 1999, not quite completed. And I'll try to keep this short, but we go against -- we, the county, in pursuit of the public good here, go against the expert counsel of the state far more often than one might ordinarily think. And the fact is, is a slip between a business damages, severance damages and all the nuances that are there I think certainly require more than just adequate counsel, and far more than pay for -- and the distinctions and differences for expert counsel. I think that we would in the short-term be doing a disservice to think that we could hire inside counsel for -- using an average figure Page 61 November 9, 1999 of 140,000 for both counsel, legal assistant, specialized, and a legal secretary. Additional costs that would need to be considered would be the fact that county attorney office has no room for expansion, so it would require a resultant reconfiguration of the county attorney office and probably some movement of other offices to accomplish this. This thing may be something to consider over time, but I frankly am pretty proud of the timing and ability to deliver in regard to quick-take lawsuits, which is that's what we do is quick take. And usually within 10 or 12 weeks within the files being appropriately provided to the county, we've got a hearing in court and we've obtained the property. On those cases where we haven't obtained the property is where we use the leverage that we have with someone who knows the county very well to continue to negotiate to avoid some of the business and severance damages that can result in very high expenditures. And as you're all aware, property rights in the State of Florida are pretty well protected on the private property side, including statutory percentages for outside counsel fees. We think we have a pretty good record of reducing those costs and getting the job done, once it gets to our office. And so from that standpoint, I think that the bringing in of counsel to our office is going to be something that we're going to have to hire someone, probably at a salary more than mine. I don't have a problem with that, but I want you to know the realism of attempting to do that. COMMISSIONER CONSTANTINE: Realistically, is there -- you mentioned a quick-take process from the time you get the paperwork until we can actually take the property in that process; 12 weeks, roughly. Is there a realistic time frame -- understanding the court system -- to shave that any? I mean, is there -- can this proposal make that eight weeks or six weeks or four weeks? MR. WEIGEL: I appreciate the question. No, there's no distinction between outside counsel or in-house counsel, filing the suit and getting the court dates. CHAIRWOMAN MAC'KIE: But I think Bob's point is, is that part of our problem has been perhaps that counsel are overworked or understaffed, but somehow the lawyer part of this process has contributed to its delay, so -- COMMISSIONER CONSTANTINE: And that's my question, is there a way to speed that up? CHAIRWOMAN MAC'KIE: But my question is -- COMMISSIONER CONSTANTINE: I just wanted to hear back on mine first. CHAIRWOMAN MAC'KIE: Okay. MR. WEIGEL: I'll answer them both, of course. I think that to hire a dedicated eminent domain counsel, it's not that it can't be done, but the fact is that even Joe Fixel, at his government rate -- albeit a high rate to what government attorneys are Page 62 November 9, 1999 paid -- but even he's not working full-time on eminent domain cases. And so I think that our office probably would be enhanced to have an additional trial attorney that can provide additional jury trial litigation. But that's been my goal. And we've approached in fits and starts the last four years anyway of handling far more in-house litigation, not just eminent domain, than ever before. And our participation in eminent domain is significant compared to even three years ago. COMMISSIONER CONSTANTINE: The other point you raised that I want to you elaborate on a little bit is liability issues, lawsuit issues, as they relate to private property rights and the risk you take. If you have someone whose specialty is this, and you mention there's only maybe eight or 10 around the state, how is that different than hiring someone and hoping that they are an expert or, you know, doing our best to have an expert in this? MR. WEIGEL: Okay. Well, it's no secret that fine attorneys come and go through the county attorney office. Many of them are practicing before you now, but -- not in the county attorney office, but they've spent some time there. When we have an outside counsel under contract, we've got him under contract. And when I -- my office, and call it a -- I don't know if you call it a shortcoming in management, but I'll call it tight listed management, that we don't have an excess of attorneys so that when we get a lot of trials set up or if we run into an excess of litigation where the county is the defendant -- it's going to take staff and it's going to take us away from other jobs. And we reprioritize all the time. CHAIRWOMAN MAC'KIE: But David, now to my question, which is okay, it's easy to shoot holes in this proposal. The question, though, is in your professional expertise, we -- there is a real problem. What do you recommend as a solution? If Bob's solution is not the right one, what is the right one? MR. WEIGEL: Well, I didn't say that his solution generally is not the right one or that it does not have significant merit. And he's certainly taken a comprehensive approach at it. But I think that the idea that the funding of outside counsel can be done and a one-year snapshot shows a 5,000 differential from the average salaries of all my assistant county attorneys, none of which are specialized eminent domain counsel -- CHAIRWOMAN MAC'KIE: But I'm asking you how to solve the problem. MR. WEIGEL: Well, I think that -- I think that my office would be enhanced to provide better service if we had another litigation counsel, but not solely dedicated to eminent domain. But I think that we're well served and it would be premature to dump outside counsel who, incidentally, we haven't had the turnover of outside counsel -- as I stated, a 20-year relationship -- a significant loss of expertise in turnover in the transportation and engineering departments here. Those people are gone. But we still go out and get them and bring them back in. Page 63 November 9, 1999 COMMISSIONER CARTER: If we have a strategic planning process, it seems to me that here we are, we're in the -- I'm not against what we want to do here, but I don't like throwing people at the situation without us having a good organizational plan that may say we need phasing. Is there any part of this that your current staff can do in conjunction with outside counsel in a strategic plan, once we identify that we have "X" number of corridors that we need to acquire? And I don't see this at this point. Maybe it's too early. But I'm not looking for an either/or answer, I'm looking at -- MR. WEIGEL: No. COMMISSIONER CARTER: -- can we do a combination. MR. WEIGEL: I appreciate the question, a good one, and that is I think there is something to do. And to develop attorneys in-house, which I'm working on right now, we've come a long way. See, we used to do none of that in-house except for Ernestine Cousineau (phonetic), now deceased, who worked with Joe Fixel, outside counsel for many years. But I think that the outside counsel that we have brings clout to a very sophisticated and high risk process. And to achieve the in-house expertise will take a very significant fiscal contribution, as well as time to do. And I think it's something to aim for. But at the same time, I think it's very important to see that over the course of several years what the kind of outside counsel costs are, because I don't think -- it may be projected that we're going to have even more condemnation going on than we do right now all at one time. And if that's the case, then -- and we're pretty sure of it, then I think that we can enter into that phase and bring in in-house counsel. But I don't think that hiring in-house counsel -- it's going to take a good one, and that's going to cost. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I think it might be helpful if I spent a little more time talking about the process that we used to arrive at these recommendations. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: I didn't just go off in a closet somewhere and come out and say I've got the solution. We got everyone together, everyone involved in the process, including the county attorney's office. I think there were four representatives of the county attorney's office at that meeting. We took the process completely apart. We identified things that had been traditional standing what we thought to be policies of the Board of County Commissioners, reasons why projects take as long as they do. And in the case of right-of-way acquisition, we came up with a series of recommendations which included the need for dedicated in-house counsel. We think that's going to solve a big part of the problem that we have. There are other things that we're doing. There's some things that I've already done administratively to make some organizational Page 64 November 9, 1999 changes to put the people under transportation that need to be there for some control purposes. Sandy Taylor is here to talk to you, if you'd like to hear from her, about the specifics of that right-of-way acquisition process and why she thinks this is such an important recommendation. CHAIRWOMAN MAC'KIE: Can I, just before we go to that? We're focusing on this one piece of your proposal, but there -- it's much more involved than just that. MR. FERNANDEZ: Yes. CHAIRWOMAN MAC'KIE: And I had a couple of questions about the program. I like the idea of designating certain types of roadways, because that will serve a lot of purposes. One is as you and I've discussed right now when we go out for roadway acquisition, we often find ourselves having to come back a second and a third time as the design is finalized, and this would avoid that problem. A question that I have or a concern that I have about it is -- I'm as sick of talking about Immokalee Road as I'm sure you are, but as we've looked at Immokalee Road and how it was designed, what we heard is the county adopted a policy about roadway design, and now the staff has gone forth and implemented it. And now that it's about to hit the ground, I don't like the design and so I complain about it. I'm worried that if we -- why shouldn't I be worried that if this -- if we adopt these road segments and identify today this is the kind of roadway we're going to have on A, B, C road and we do that what, five years ahead of time? MR. FERNANDEZ: 10. CHAIRWOMAN MAC'KIE: 10 years ahead of time? MR. FERNANDEZ: As many as 10, yeah. CHAIRWOMAN MAC'KIE: What you told me is that conditions changed on Immokalee Road, so that later when we came to actual time for construction, the design was inappropriate. Why shouldn't I worry that that's going to happen again? MR. FERNANDEZ: Well, I think one answer to that is the planning process has improved. I think we have a better idea of the ultimate design of our transportation system. I think as recent as 10 years ago, the planning process for road design was not quite as sophisticated, and some of the growth that we've experienced may not have been anticipated as well as we now can anticipate the growth. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: I don't know how -- I feel that part of the accuracy here is there must have been a time when the commission told and gave direction to the staff that build the road, do it as cheaply as possible; in other words, get the thing in. And they weren't concerned about aesthetics. All right, those conditions have changed now. We've all sat up here. Commissioner Mac'Kie, you have expressed your concern, and that's one of your concerns about Immokalee Road; in other words, the swales and those kinds of things. I think that staff has heard this, and I think that they have come back and said all right, here's how we can address this in the Page 65 November 9, 1999 future. The board is giving direction that cheap isn't always best. And I'm not one that's saying go out and throw tons of money at it, but that they can address the problem and address the conditions much better than what they did in the past. Because the board at that time, they probably weren't building as many roads. And frankly, we've got a condition right now, we haven't built a road in this county in three years. All right, so add that on to the time prior to when a board -- I'm not -- I don't even think probably some of the members that were -- that gave the direction years ago were even on the board at that time. CHAIRWOMAN MAC'KIE: I wonder if there even was a direction. COMMISSIONER BERRY: So what they did with Immokalee Road was a plan that had been there under the former policies of the Board of County Commissioners was brought out and probably put into use when we said we need to get this thing moving. CHAIRWOMAN MAC'KIE: Sure, that's exactly what happened. COMMISSIONER BERRY: And so consequently -- and I can understand them doing that. However, things -- times have changed. Now with times changing and boards giving direction, they've come forth with a plan here that says we're going to do business differently. And if I might for a moment, one of the biggest problems -- and I go back only three years. Many of you have got more experience up here than I do. But I can tell you a concern out on Golden Gate Boulevard. The staff came out multiple times and talked with the community out there about what they wanted for a roadway. The staff was saying we need to plan ahead, we need to acquire right-of-way for -- at that time I think they talked about a six-lane roadway. Not that they were going to build six lanes right now, but somewhere down the -- down the road they might want to build six lanes, if that's what the community dictated in terms of traffic. The community went up in arms over this. So they went back to the original, as I understand it, the four-lane roadway. But my concern is that what happens in the future, have we acquired enough right-of-way that in the future if they need to put six lanes in, do we have enough right-of-way? MR. KANT: Edward Kant, transportation services director. In some cases, probably not. COMMISSIONER BERRY: And this is a problem. And this is where I see, when staff says I think -- these are the professionals. These are the people you are paying to take a look at our situations in Collier County and come back with a recommendation to us. Now, if you want to totally ignore what they're saying, then we can dismiss all of them and we can sit up here and tell the county and tell Mr. Fernandez how we think that roads ought to be built in Collier County. But if they're saying to us -- and eminent domain rules, unfortunately this is one of the biggest problems. Was it not a problem on Golden Gate Boulevard in terms of acquisition of right-of-way? CHAIRWOMAN MAC'KIE: Immokalee Road -- Page 66 November 9, 1999 MR. KANT: Yes, ma'am. COMMISSIONER BERRY: It was a problem. CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER BERRY: All right. And what was the problem, Mr. Kant? MR. KANT: Typically in a right-of-way acquisition on an adverse basis, you only want to take one bite at the apple in the sense that if you feel you need 20 feet, you have to go after that 20 feet, rather than trying to get 10 feet and then maybe in a couple years we can go out and get another 10 feet, or maybe six months later we change the design and find we need another three feet. And what Mr. Fernandez is proposing in terms of a corridor acquisition concept provides both the county and the citizens with much more flexibility in letting us look at a typical cross-section. I don't want to for one minute let you think that we won't ever have any more adverse action. Sometimes we spend as much time trying to get a corner clip or a taper for a turn lane, but we don't want to give you those details. We can't give you those details up front. So we're asking for that flexibility. And also, it does help in giving the citizens some idea of what and when their property might come under inspection for scrutiny for future roadways. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: direction. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Absolutely. I absolutely think -- I don't dis -- That this is a huge step in the right You betcha. And the concern I have is just are we going to -- I want to be sure, Barb, that the policy that we adopt today -- because I have to say, I don't remember. I wish somebody could show me in the minutes somewhere where the board adopted a policy that said build cheap roads fast, you know. I -- COMMISSIONER BERRY: I think it was just the general philosophy of the board. I don't think anybody particularly said build a cheap road. I think the philosophy of the board was in trying to be as fiscally responsible as possible that, you know, build the road and probably don't do a lot of extras -- CHAIRWOMAN MAC'KIE: Right. I don't doubt that. COMMISSIONER BERRY: -- okay? And I'm not sure now that the extras that they might have thought of at that time are really extras. CHAIRWOMAN MAC'KIE: And Barb, that's exactly -- MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Let me just say, because this is exactly the question that I have. This is exactly the point. And I support this concept. Bob knows that I do. I think this is a big step in the right direction. My worry is not about the process, about whether we hire lawyers in-house or outside, or however that's handled. My worry is are we being farsighted enough so that 10 years from now when some other board is up here, they're going to say good job that board did back in Page 67 November 9, 1999 '99 adopted with this foresighted policy, or are they going to say how could they have been so stupid, didn't they foresee that what we're really going to need is less medians, more medians, something different? COMMISSIONER BERRY: Well, Commissioner, hindsight's 20/20 vision, okay? And we've got a bunch of Monday morning quarterbacks sitting out there that have got a 100 percent record. So, you know, as far as that's concerned, it's never going to be perfect. But I think that we can do -- and I think with this proposal, this is 98 percent better than what we've had in the past, okay? CHAIRWOMAN MAC'KIE: I agree with you. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes, sir. MR. FERNANDEZ: That's really the point. What this seeks to do is to put together at one point in time all the features that the board is looking for in a particular roadway, rather than starting with the basic road, adding something to it later, adding beautified medians, adding sidewalks, whatever the case may be, which is the kind of thing that had been happening. This requires the board to change the way it approaches it. It requires the board to make some difficult decisions, admittedly, up front and decide what's that road going to look like and how much right-of-way is going to be required to make it look that way. COMMISSIONER CARTER: And if I -- CHAIRWOMAN MAC'KIE: And is the ability in your proposal, Mr. Fernandez, that if in the professional opinion of your staff three years from now they say hmm, I know the board adopted this policy that said this is the way we're going to do this, but we think it needs to be modified a little bit. We see some changes. We have a professional opinion that varies -- COMMISSIONER BERRY: Come to the board. CHAIRWOMAN MAC'KIE: -- you're going to bring it to us? MR. FERNANDEZ: Sure. That's always an option that's available to staff -- CHAIRWOMAN MAC'KIE: No matter -- MR. FERNANDEZ: -- that's available to the board. CHAIRWOMAN MAC'KIE: Regardless of the fact that we've adopted a policy today, you won't say I can't bring it up because it's contrary to board policy. That's what I don't want to see happen. MR. KANT: If I may, commissioners, I think it's important -- CHAIRWOMAN MAC'KIE: And then John. MR. KANT: -- too to recognize that as I review the -- at least the 21 years that I've been here, there has been a marked change in not only what the board has directed but what the public has desired. CHAIRWOMAN MAC'KIE: Sure. MR. KANT: 15, 20 years ago there was little if any thought given to pathways, let alone landscaping. Naples Scape, when the City of Naples did the first landscaping project, I can remember the human cry about what it was going to cost to maintain that. Page 68 November 9, 1999 Now we have a process which is going to give us 144 miles of landscaped medians and edges. We also have a pathways master plan that was a gleam in somebody's eyes six years ago. So we have a much different expectation on the part of the public. And so it is, it's a partnership in a two-way street. And we want to try to make that as easy, through Mr. Fernandez's suggestions, for the public, as well as for staff. CHAIRWOMAN MAC'KIE: Commissioner Norris? COMMISSIONER NORRIS: Yeah. Before Mr. Kant speaking there, you were talking about one of the things that gives me a little bit of concern and that is what happens if conditions change and we want to change ourself? What we're being asked to do is number one adopt an ordinance. Do we really need to adopt an ordinance, or do we just need to set a policy? Because if we adopt an ordinance, you can be sure that the very first project that comes up is not going to meet the ordinance, one way or the other, and you're going to have to waive the ordinance and -- MR. FERNANDEZ: There's nothing magic about ordinance other than it really sets it in stone. If the board feels more comfortable with establishing that policy by resolution, we can do that. COMMISSIONER CONSTANTINE: Only one question. We haven't really touched on Item No. 2 yet, and that is add a transportation planning agent. Particularly you and I have talked about this. The MPO looks -- the big picture in transportation planning is doing what we need to do now. Is there any other option? I don't necessarily disagree, but is there any other option to improve communication, other than adding another body into the -- MR. KANT: I'm glad you asked that, Commissioner. Prior to our reorganization of our traffic operations section, there was a senior engineer position which I held prior to my being named as director of the department. As the number two individual in the department, I spent probably eight years doing just that type of a job for the then director. That position no longer exists. And so until I can figure out a way to get cloned or to bring a technician in, I think that that's a very important position. And I brought that up. Mr. Fernandez has agreed that we need to pursue that. CHAIRWOMAN MAC'KIE: Okay, other questions? Yes, Commissioner Carter. COMMISSIONER CARTER: I agree with the policy direction. But policy to me is where you take this and it keeps evolving as the community needs change, and you can get it through focus groups or whatever you need. And that is a part of the planning process. And the strategic plan is something you lay out and constantly evolves and amends as your community grows. I want to know where these corridors are. I want to know -- I want to see the plan in this process. I hear the policy, I want to see the plan, number one. Page 69 November 9, 1999 Secondly, you want to deliver an organization to deliver the plan. That's what I see going on here. Do we have one of these, do we have one of those? I'm not real comfortable yet with what you need, but I -- that's not the job of the board to de-structure the organization to deliver the policy. That's what you have a CEO for, to come up and say this is the best way to do this. As long as we can accomplish it. Whatever you need, whatever Ed Kant needs, whatever Bob Fernandez needs. Whoever needs what, let's get it done. MR. KANT: And that plan exists, sir. COMMISSIONER CARTER: Let's have a policy that continually moves with a strategic plan so that I'm not sitting here two years from now, or my predecessors 10 or 20 years from now saying how did we get here in this mess? It should evolve. It should meet the needs without people coming back and saying, gee, are we doing the right thing? I want to get out in front of this thing. MR. KANT: If I may, Commissioner, the plan that you refer to, the roadway plan or the traffic master transportation plan, does exist in the Growth Management Plan. And we examine that every year and it does change. The basic tenant, however, doesn't change. And that is that once we have identified that we have a roadway segment that we're going to have to build at some point in the future, we have to acquire the right-of-way for. COMMISSIONER CARTER: Absolutely. CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CARTER: And I'm saying let's do it and let's get out there and make it happen and look at the possible additional connectors or corridors that we have to have in this plan, and get it down and go out and acquire the land now and not sit there till the last minute and say geez, we've got an expensive deal here, we can't get -- MR. FERNANDEZ: That's exactly what this plan does. CHAIRWOMAN MAC'KIE: And if anybody does make a motion, you know, to perhaps adopt this as a resolution -- I think is a good catch, instead of an ordinance -- I hope that it will include in it instruction to staff that this is, as you say, Commissioner Carter, a morphos process, that it will continue to change. Because I'm going to overstate a position here to make a point. I have felt like that staff could come to us and say -- when mistakes were pointed out or when something could be better, that staff would come and say well, it was board's policy; you adopted the policy, we're just implementing your policy. I don't want to hear that about this road program. That is my fear is that once we adopt this, it will then become the excuse for well, we did it according to policy. I want a policy to be adopted that is so darn flexible that you have the obligation to come to us and give us your best professional recommendation all the time. Commissioner Norris? COMMISSIONER NORRIS: Well, the way around that is to have this policy reviewed on an annual basis by the board. That's all you've got to do. And then if it's not working the way anybody likes, it's the Page 70 November 9, 1999 staff's opportunity to come up and say we think you should do it this way; it's our opportunity to say staff, we think you should do it this way. But at least you get to look at it on an annual review. And so 10 years from now you don't have to say Well, we should have changed this policy five years ago. CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CARTER: And John, I expect the CEO to bring it to me on an annual basis and let me know where we are. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: takes -- COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: That's just like what I suggested. Or on a weekly basis, if that's what it Well, annual. -- if you see a problem, bring it. Annual should be -- Commissioner Constantine? COMMISSIONER CONSTANTINE: Madam Chairman, I make a motion that we adopt as a policy with that annual review caveat in there the first two points. I'm going to ask that we have the third point brought back to us and that our manager and our county attorney sit down and talk about that some more, just on their own. Commissioner Berry made the point, you know, we have professionals out here who are experts in their area. I want to make sure the county attorney is completely comfortable. We've hired him to deal with what we need to on our legal issues. So I just want to make sure he's comfortable on that. Maybe we can bring that third element back. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: Yes, I can go along with that. But my concern is that I don't want any roadway project being held up because of legal problems. COMMISSIONER CONSTANTINE: Exactly. COMMISSIONER BERRY: Okay? And if it means that you have to have an ongoing relationship with outside counsel, I don't know -- and maybe Mr. Fernandez knows -- what -- has there been a delay with the use of outside counsel? Do you think that this would speed up some of these cases? MR. FERNANDEZ: Here again, I think Sandy Taylor could answer that very specifically. COMMISSIONER BERRY: Is she here? MR. FERNANDEZ: She's here. CHAIRWOMAN MAC'KIE: Yes, she is. COMMISSIONER BERRY: Sandy, I -- Madam Chairman? MR. FERNANDEZ: But it is our recommendation this will speed up the process. COMMISSIONER BERRY: Okay. Let's hear from Sandy and see if there's something to support this. CHAIRWOMAN MAC'KIE: On the point of whether or not we include the third issue. MS. TAYLOR: Again, I apologize, I wasn't prepared to speak. I've been with the county about 15 years, and probably around eight Page 71 November 9, 1999 years ago we had an in-house county attorney that helped us with real estate and eminent domain. And I'll be honest with you, the process was so smooth, I wish we could go back. And that was my reasoning to basically recommend that. CHAIRWOMAN MAC'KIE: And David, is that -- if the position were for real estate and eminent domain matters, would that be a broad enough description to get your support? MR. WEIGEL: Well, I think that's important in the sense that -- MR. FERNANDEZ: Yes or no. MS. TAYLOR: I've got to be fair to David. I need to say something. He does have an assistant county attorney assisting us, but based on the workload, that individual is doing a lot of other things. So I think it's going to be up to David to say how important is it, and let's assign that to real estate and eminent domain through the entire process. We're having difficulty getting to Joe Fixel because we have to go to David's office, they go with Joe, Joe goes back to David, David comes to us, and that's a lengthy process. COMMISSIONER CARTER: Sandy, you hit it for me. And that's exactly the problem I have with so much of this is that we need to find a way to get people to work in teams to get this stuff done. And if you have to split somebody between whatever functions, let's get it done. And I want an organization. COMMISSIONER BERRY: But Jim, it's just been proposed to us what to do. COMMISSIONER CARTER: Okay. And I'm saying, let's make sure it happens and not get bogged down, well, I'm sorry, this attorney only works on this and this one only works on this. My question here is how are we doing the work? Keep reevaluating how we do the work and get the people to do it and reorganize the teams to get it done. COMMISSIONER CONSTANTINE: I see Mr. Weigel grimacing there. MR. WEIGEL: Grimacing's not allowed, but what I'll say is, if you go back historically when we were, quote, doing it in-house, well, we never had any trials. In fact, we rarely have any trials. And the fact is, though, is that I can vouch, having been hired before that counsel was working, that yeah, they learn a lot while they're with us. They certainly leave our office far more broadly empowered than they are when they come in. But the thing is, is that the laws change. And we can hire counsel to come in and be either dedicated solely for eminent domain -- that attorney won't be working on eminent domain. He'll be sitting bored some of -- or she bored some of the time because it's not a five-day all the hours of the workday process. Preparation for court cases and for court requires fits and starts with agendas and deadlines and requirements under civil procedure. But the thing is yes, our attorney, Ms. Ashton, for instance, who's been the real property attorney for many years -- and a very fine one, I might add -- does assist significantly with eminent domain. She also works in development services. And that's where I say, if we want to, I could use -- I can use the ability to reprioritize within my office and more purely dedicate Ms. Ashton to Page 72 November 9, 1999 the areas of real property and eminent domain. But I quite frankly -- I don't suggest that she be the eminent domain jury trial attorney, nor does she at this point. COMMISSIONER CONSTANTINE: Let me be clear on the intent of my motion. It wasn't to eliminate the third item. It was I want our county attorney to be comfortable with the direction we're giving toward his office. He's clearly uncomfortable. And if we implement the other two portions and spend two weeks making sure Sandy and Dave and Bob can sit down and make sure they're all talking the same language and that they have some understanding of where we're headed, that's probably just a good idea. CHAIRWOMAN MAC'KIE: David -- COMMISSIONER CONSTANTINE: I'm not saying -- COMMISSIONER BERRY: They already had a meeting -- CHAIRWOMAN MAC'KIE: David? Would you be comfortable, David, if what we did was authorize an additional attorney position and ask you to come back and show us how you're going to assign the responsibilities within your staff? MR. WEIGEL: I'd be delighted to do that. But I just wanted you to know that in regard to getting expertise for eminent domain counsel, the figures may be twice of what was offered you today. With the support staff and -- I don't even have the room. We've got to move real property out of the eighth floor or something if we're going to put people in there. COMMISSIONER CONSTANTINE: Mr. Weigel, when Commissioner Berry just said I thought they already did that, you looked uncomfortable. Did the three of you sit down and discuss this specifically? MR. WEIGEL: Well, we did at a large meeting, but it wasn't at that meeting that we suggested that there should be an eminent domain attorney assigned to the real property department under the auspices of the real property department. And that's what came from that meeting. And I've had some discussions since that time, that it seems inappropriate for an attorney to be working for the Board of County Commissioners out under the auspices of the county attorney. And I'll be responsible for the attorneys and suffer the lumps along the way. COMMISSIONER CARTER: But where you physically house that attorney may be irrelevant. They could sit in community development. They could sit anywhere. They don't physically have to be in the same space. This is what I'm trying to get across. Put people where you need them and they can report to wherever. I don't care. Get them where they can interact and communicate with each other. MS. TAYLOR: I agree with David, they do need to work with the county attorney's office -- CHAIRWOMAN MAC'KIE: Of course. MS. TAYLOR: -- not for real property. I do not have the resources available. But I think Bob wanted to mention, too, that his recommendation is to still utilize, say, Joe Fixel, perhaps on a trial basis. Page 73 November 9, 1999 Our problem is the day in and day out questions and answers and getting involved in even the design, business damages, what type of damages appraisal-wise. We don't have that person available. And we're kind of doing it by the cuff. And it's going to get us in trouble one day. So it would be nice to have somebody involved through the entire process. CHAIRWOMAN MAC'KIE: I want to ask Commissioner Constantine if he would amend his motion to add an attorney with a specialty -- or specifically designated to provide those services that were just described, but to work under Mr. Weigel and to have -- if he needs to bring back to us some schedule of how he is rearranging his attorneys, then so be it. But I think the need for an attorney is clear, as long as what we say is he's going to work for Mr. Weigel -- he/she is going to work for Mr. Weigel and he/she is going to be primarily available to answer these real property questions, the details to be worked out among the staff. Would that be an acceptable third piece? COMMISSIONER CONSTANTINE: Mr. Weigel, do you think that will speed up our eminent domain cases? MR. WEIGEL: Marginally. But I'm happy to go forward with that and bring back all the information that I can. And of course I'll bring back budget information, which you'll need to know, to act upon those things, too. CHAIRWOMAN MAC'KIE: Would you agree to that, then, Commissioner Constantine? COMMISSIONER CONSTANTINE: I'll withdraw my motion. CHAIRWOMAN MAC'KIE: Is there another motion? COMMISSIONER BERRY: I make a motion to adopt the three items that are presented, with the caveat on -- in regard to the attorney position, that whatever that position is that is hired, that that person will be available at all times to real property, and also to anyone that's working with the transportation department. Whatever information they need, if that person's working on another project, their sole responsibility is to this department, though they can still do other items as time permits. COMMISSIONER CONSTANTINE: Is that a policy or an ordinance? COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: yes, sir. Make it whatever you want to make it. Make it a resolution. That's fine. Is there a second for that? That was all three items? Yes -- oh, then we go to public speakers, But is there a second before we go to them? No, we'll hear from the public speakers before we see if there's -- MR. FERNANDEZ: David Ellis and then Ty Agoston. MR. ELLIS: Good afternoon. My name's David Ellis and I'm with the Collier Building Association. Just very briefly, again I want to thank you in your efforts at the meeting. We brought our paper about transportation. We're very Page 74 November 9, 1999 pleased to see how quickly the staff has reacted to that. We had a meeting with them where they went over a lot of these proposals, as well as some other organizational changes they're making that seemed to really be moving this process in the right direction. Certainly as you've identified today, right-of-way acquisition is really one of the most -- the fundamentally difficult challenges in this process. And as we heard from the man who made the presentation on impact fees on roads, right-of-way acquisition also is the greatest cost increase that we're seeing in roads. So anything we can do to expedite that process and look ahead I think is not only going to speak well to the process, but certainly moving it along quicker and in a more affordable manner for the county. And that's certainly a great concern for all us. And certainly I think as we're looking ahead on funding issues for this for roads in our community, I think we can say to the community we're doing our best work in moving ahead in an expeditious, affordable, appropriate manner. I think that helps us as we go to the citizens and say -- and we may need more funding to make this all a reality. Again, we thank you for all your work and we do appreciate the staff and the organizational efforts. It's really hopefully going to really begin to make a real difference. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Ty Agoston, final speaker. MR. AGOSTON: Good afternoon, ladies and gentlemen. My name is Ty Agoston. I'm a resident of that endangered Golden Gate Estates. I'm also a co-president of the Taxpayers Action Group. And I am right now speaking in both roles. As co-president, we at TAG has been promoting the idea of increasing the impact fees to more truly represent the factor that growth should pay for growth. It has not been a very popular acceptance on your part, but be as it may, somewhere, somebody's got to pay for these. If you ever get a new road built. As Ms. Berry mentioned, there has not been a road built in this county for the past three years. I am new at this game, but since I'm coming here, the basic problems that's being covered is growth. Everybody mentioned that people are complaining about growth. Well, I see it -- the way I see it, people complain about growth because they get stuck trying to cross Airport by Pine Ridge. We -- I remember having discussions about flyovers, and I don't really even know what the hell they are. I always thought those were called overpasses. But the fact of the matter is, if that's what it takes to get out of a traffic jam, I am sure most people will go along with them just fine. They are not going to be able to get the U.S. Army Corps to stand across 95 (sic) to prevent people from coming in here, as much as they try to. As far as my personal involvement, I am the recipient of two bad roads in this county, probably the two worst roads in the county. One Page 75 November 9, 1999 of them is the much talked about and very little done about Immokalee Road, under which if you want to get onto Immokalee Road from Wilson Boulevard, it takes sometimes as much as 10 minutes. The other one is Golden Gate Boulevard, where 14 people were successful in stopping the road the way it was originally planned. And what I don't understand -- I mean, as far as I'm concerned, that was mishandled from square one, because the large disagreement with that road was that it was a six-lane highway going through hell. And to be perfectly honest with you, the six lanes you only talked about as a potential, and nobody came around to explain that. And you have plenty of high price people here, including yourselves, to come out and try to impress these people that no, you are not planning to build a six-lane highway to hell, you are planning to be some future conscious so your children and grandchildren will also be able to use the roads as they are needed. I also would like to say that the problem I have with this current administration of the county is that I know nothing about managing any organization of this type, but I saw the problem with roads four years ago. Any reason why a plan like this was not put into effect four years ago when you guys were faced with this problem, everybody came to you about complaints? I remember Mr. Hancock, as a matter of fact, brought up a point where he considered a potential way to control growth is by controlling building roads. Now, whatever he meant with that, I'm not quite sure. But the fact of the matter is, is that no matter what you do, people is going to be very, very impatient if they have to stand in a traffic line. I have spent plenty of hours going through the Lincoln Tunnel or in the middle of New York City, so I am more than experienced with waiting. And I believe that if we're going to build either Golden Gate Boulevard or Immokalee Road without acquiring sufficient property for future expansion, we are not really doing a proper job. Thank you very much. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: to what the speaker said? CHAIRWOMAN MAC'KIE: Madam Chairman? Yes. May I just make one comment, too, in regard Of course. COMMISSIONER CONSTANTINE: Only one. COMMISSIONER BERRY: I'll limit it to one. Ty, I take offense to the idea that no one from this board came out and spoke about. MR. AGOSTON: I take it back -- COMMISSIONER BERRY: -- what was going on. Yeah, you better take it back, because I'm telling you, I spoke long and hard about that roadway. The Golden Gate Estates Civic Association and any other body that would listen -- MR. AGOSTON: You're right. COMMISSIONER BERRY: -- and got shot full of holes, okay, because of planning ahead. It's one of the few times where planning ahead Page 76 November 9, 1999 really took a hit. And I think it's the most ridiculous thing that this county can do and not plan to acquire enough right-of-way to build future roads. MR. AGOSTON: Absolutely. COMMISSIONER BERRY: I mean, that is our cake. And for anybody -- Sarasota County, you can go right to the north up here and look what Sarasota County's attitude was about building roads. If we don't build roads, you won't get people in Sarasota County. And you take a look at what happened up in that county. Now, if you want that to happen in Collier, we can throw this whole thing right out the window. COMMISSIONER NORRIS: Second. COMMISSIONER BERRY: And Mr. Norris will -- COMMISSIONER NORRIS: Open the window. COMMISSIONER BERRY: -- open the window. I'm sorry, I'm -- I'd like to restate my motion. COMMISSIONER NORRIS: How do you feel about that? COMMISSIONER BERRY: I'll tell you, I'm very, very hot about the road situation in Collier County. And I think it's time that we moved off square one. And you have a presentation before you. And I can't imagine that this board can sit up here after you have hummed so hard and long about this, along with myself, and turn this proposal down. Because if you're going to do that, then you're talking out both sides of your mouth. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER NORRIS: COMMISSIONER BERRY: COMMISSIONER NORRIS: COMMISSIONER BERRY: Motion and a -- I made a motion and somebody seconded it -- I did. -- and it didn't go any -- It hasn't been called. Not to approve this. I sure did. You didn't second this. I just did. No, you didn't. COMMISSIONER CONSTANTINE: He just did. COMMISSIONER BERRY: I thought you were playing on that other thing. COMMISSIONER CARTER: He just seconded your motion. COMMISSIONER BERRY: Good. COMMISSIONER CONSTANTINE: Somebody tie her down. CHAIRWOMAN MAC'KIE: Motion by Commissioner Berry, second by Commissioner Norris. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That motion passes unanimously. Let's take a lunch break and -- COMMISSIONER CONSTANTINE: Can we do -- MR. FERNANDEZ: Madam Chairwoman? Page 77 November 9, 1999 COMMISSIONER CONSTANTINE: -- 10 real quick? We've got a couple of vets here. It should ~- CHAIRWOMAN MAC'KIE: Oh, sure. COMMISSIONER CONSTANTINE: -- just take a couple of minutes time. MR. FERNANDEZ: I was going to ask that we just do the vacation thing very quickly. CHAIRWOMAN MAC'KIE: Of course, let's do that then. Let's quickly do the vacation item, because that can't take long. Document not received in Clerk's Office as o£ December 28, 1999. Page 78 November 9, 1999 Item #8E2 REQUEST TO ENHANCE VACATION TIME TO PROMOTE LONGEVITY AND EMPLOYEE RETENTION - OPTION #1 APPROVED AS RECOMMENDED BY STAFF That's 8(E) (2). I think that was a great idea. need to hear a presentation on it. COMMISSIONER CONSTANTINE: I don't either. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: issue? CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: leave quietly, please. I don't even Are there questions, or is there a motion on The vacation -- whoa, whoa, the vacation This is where we -- For the employees. Well, wait a minute, wait a minute. Excuse me as you're leaving, if you could Commissioner Carter has a question. COMMISSIONER CARTER: I have a question about this. We're down here doing an attitude survey and we're trying to find out what it is that employees want. I got one piece back, the vacation situation. I don't know how much money we will have available to spend. What are the true rank ordered needs of the employees of Collier County? This came from the employee advisory committee, I understand. Have they seen the attitude survey results? Would they reorder what they think the needs are, or is this the only thing I'm going to see as a county commissioner for the next four years? MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes, sir. MR. FERNANDEZ: I believe that in spite of the fact that we are in the process of doing the employee attitude survey, the climate survey, this is something that came to us through a different process. I think the data that has been compiled by the employee advisory committee supports the recommendation. You have comparative information there of other jurisdictions. And I think there are some good reasons why we should move forward with this, irrespective of what other enhancements we may be bringing to you at a later point in time. COMMISSIONER CONSTANTINE: How many employees do we have right now in that 10 to 20-year range? COMMISSIONER BERRY: 10 to 20? 284. MR. FERNANDEZ: It's in the backup. 284. COMMISSIONER CONSTANTINE: I didn't recall. Because I knew it was a substantial number. And I think the point Russ has in here is a good one is we just -- if you get somebody that long, we want to hang on to them. If there's a little added incentive, great. I agree with your point, we need to look at the big picture, but I'm not going to hold this up in the meantime. CHAIRWOMAN MAC'KIE: Are there other questions? Other speakers registered? Page 79 November 9, 1999 MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: Is there a motion? COMMISSIONER CONSTANTINE: Move approval of the item. CHAIRWOMAN MAC'KIE: Motion to approve the item. Is there a second? COMMISSIONER NORRIS: Wait a minute, there's two options. COMMISSIONER CONSTANTINE: The first option. I'm sorry, the 10-year and 20-year. COMMISSIONER BERRY: Is that option 2? COMMISSIONER NORRIS: That's option 1. I would prefer option 2, frankly. MR. FERNANDEZ: The recommendation is for option 1. CHAIRWOMAN MAC'KIE: Recommendation is for option 1. COMMISSIONER NORRIS: Is it? Okay. CHAIRWOMAN MAC'KIE: So the motion is to approve staff recommendation. Is there a second? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. MR. FERNANDEZ: Thank you. Item #10E BENEFIT CONCERT TO COLLECT FOOD FOR THOSE IN NEED DURING THE HOLIDAYS - APPROVED CHAIRWOMAN MAC'KIE: ***Let's do -- out of deference to our veterans who are here, go ahead and hear Item 10(E). Commissioner Constantine. COMMISSIONER CONSTANTINE: Each you got the paperwork on this. And we have money budgeted for a concert already, and we've got a chance to bring some national talent here at a discount price. At the same time -- I don't know what's funny about that, he made 2.4 million in concert appearances last year. COMMISSIONER BERRY: Never heard of him. COMMISSIONER CONSTANTINE: At the same time, collect food for the less fortunate. And Ross Scott and Ray Truelove are here because they're doing that as a project anyway. Our local vets collect, and this is an opportunity to collect literally hundreds of food baskets all in one day in time for the holidays. CHAIRWOMAN MAC'KIE: If I could say, we don't really -- this is something that would normally come to us from staff. This is already budgeted money. This does not require a budget amendment. It's a great idea, as far as I'm concerned, to enhance the program that the vets are already doing, to have this, you know, opportunity to collect some food. If you want to tell us, maybe make a plug for the program you're undertaking, we'd love to let you use this time for that. Page 80 November 9, 1999 MR. TRUELOVE: Well, thank you, Madam Chairwoman, commissioners. My name is Ray Truelove. I'm the president of Vietnam Veterans. This the Ron Scott. He's the chairman of the veterans council here in town. We're in the third year of our food drive or food program with the Vietnam Veterans. And this program that Commissioner Constantine is bringing forward would certainly help us with our food drive. Scotty, you want to make a comment? MR. SCOTT: The only comment that I would like to make is like Ray said, we are in our third year of our food drive. We do this annually. And right now we stand out in front of Publix for 10 weekends. We have been -- so far this year we have done four weekends. And with this program that Mr. Constantine has talked about, this could help out any and all veterans and homeless people in the county, along with anybody that is in need. That is why we do what we do. Thank you. CHAIRWOMAN MAC'KIE: And could you go ahead and tell us where you're going to be this weekend, in case people want to make donations? Is that set already? MR. SCOTT: Yes, ma'am. It's also going to be in the newspaper. We will be the at the new Publix store at Vanderbilt Beach Road and Airport Pulling Road. CHAIRWOMAN MAC'KIE: And if people want -- MR. SCOTT: We will be there Saturday from 9:00 to 5:00 and Sunday from 10:00 to 4:00. CHAIRWOMAN MAC'KIE: So people could certainly make donations of food there. And also at this concert, if the board decides to go forward. Mr. Olliff? MR. OLLIFF: Yes, ma'am. CHAIRWOMAN MAC'KIE: Staff likes this idea? Staff can pull this off? MR. OLLIFF: We may need to borrow Ed Kant's clone to get it done. Logistically I think it's going to be difficult, but I think yes, it can be done. We've got about 30 days between now and then. The location that was selected at Eagle Lakes actually allows us a little easier type of an event, because I don't think we would have to provide a great deal of transportation to that site. There's enough on-site parking. CHAIRWOMAN MAC'KIE: Will we be seeing a specific proposal for the event, or is that something you'll just handle as staff and we'll get announcements? MR. OLLIFF: If the board approves this, we would have to come back with a specific agreement, the entertainment agreement, just like we do any other concern event. COMMISSIONER CONSTANTINE: Part of my recommendation, just because of the time issue involved, is to grant the authority of the Chair to sign that agreement without it coming back to us. Assuming it meets the same parameters that was laid out in the recommendation and passed to all of you. Page 81 November 9, 1999 MR. OLLIFF: Then other than that, I would see nothing else that would require board approval. COMMISSIONER CONSTANTINE: The concept is really, really simple. We get a budget item already set aside for a concert. Eddie Money will turn out a big crowd. It's a chance to before the holidays bring in a ton of food for those in need. And it seems like a no-trainer. CHAIRWOMAN MAC'KIE: It's kind of a gift to the givers and the receivers, so it does seem like a good idea. Is there a motion? COMMISSIONER CARTER: I make a motion that we accept the project. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: Any discussion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Thank you for being here, and good luck. MR. TRUELOVE: Thank you, commissioners, we appreciate it. CHAIRWOMAN MAC'KIE: We appreciate you. Okay, we will adjourn for lunch then and be back at 1:30. (Recess was taken.)**Document at end of minutes. Item #10A CO%FRTY ADMINISTRATOR,S EVALUATION - PRESENTED CHAIRWOMAN MAC'KIE: Let's call to order the meeting of the Board of County Commissioners. It's November 9th, 1999. We're returning from our lunch break. Let's see. We did the vacation. Okay. We're to Item 10-A, which is the County Administrator's evaluation. As far as the process for this, Mr. Fernandez, we haven't discussed it. Is it something -- is it your expectation that each of us would discuss our evaluations with you; would you like to make your presentation to us? I can defer to it however you would like to handle it. Do you want to hear from us or shall we hear from you or hear from the public? MR. FERNANDEZ: I can make my presentation now. CHAIRWOMAN MAC'KIE: Is that how you're comfortable. MR. FERNANDEZ: If that is all right with the Board. CHAIRWOMAN MAC'KIE: That's fine with me. MR. FERNANDEZ: Good afternoon, Commissioners. CHAIRWOMAN MAC'KIE: Good afternoon. COMMISSIONER BERRY: Good afternoon. MR. FERNANDEZ: I thought that it was appropriate that I make some remarks prior to your evaluation. I think I have some things that I would like you to think about before you formally give me your evaluation. I joined Collier County in June of 1997 with the optimism Page 82 November 9, 1999 and enthusiasm that I would be undertaking the challenges of maintaining a very high quality of governmental service while addressing in a rapidly developing community the expectations that taxes would remain among the lowest in the state. Since that time, we've not only met the expectations and the dynamics of this growing community, but also in many areas we've moved to new levels of accomplishment. I've previously submitted to you a self-evaluation, which includes a full discussion of the progress that has been made and the accomplishments that can be identified. That document is included in your agenda packet for today's meeting and I refer you to it. In addition to this information, however, I am proud to call your attention to a number of important initiatives for which I'm responsible. The first category is policy initiatives. We've made funding of a geographic information system a priority in this County. We've identified it to be an essential information tool in a rapidly growing environment. We've introduced measures to extend the life of the landfill, including aggressive odor control techniques. We've proposed a long-term plan for the development of County facilities in order to meet our future needs in a well thought out and logical manner. We've proposed a funding strategy in order to meet our long-term infrastructure needs. And this initiative has included new revenue sources, as well as creative financing techniques to maximize additional revenue sources. Although not all of these proposals have enjoyed the unanimous support of the Board, they represent efforts to provide policy guidance to the Board on important issues. Each initiative represents an issue that's been previously addressed by past policy decisions. The willingness to revisit these issues demonstrates the commitment to address important policy questions, regardless of their popularity or political correctness. In the area of improved communication, the newly developed County Administrator's Response Engine that we call CARE, combined with an expanded Web site access has greatly improved our response to citizen inquiries. A full employee organizational review has been undertaken in conjunction with Florida Gulf Coast University. And this effort has been undertaken to accurately take the faults of the organization in order to target necessary improvements in a proactive manner. Preliminary findings from this study reflect a positive reaction from the organization to my management style. Improved interface with the independent fire districts was the result of the creation of a Board approved emergency services division. The recent creation of the County Administrator's Diversity Committee promises to improve employee relations and opportunities. We've seen unprecedented success from the well attended town hall meetings held throughout the County as organized by County staff. Numerous program initiatives have been spawned by this effort. The improved public information function has enhanced the profile of County government through monthly television shows, weekly radio Page 83 November 9, 1999 announcements, increased frequency of press releases, enhanced interface with emergency management during storm events and the promotion of departmental efforts resulting in national recognition. In the area of improved employee morale, I've taken the participative approach to management that I have professed throughout my career. And although this empowerment has required significant adjustment on the part of many employees within the organization, results can be seen in the many indications of increased employee morale that we have received. I've also introduced aggressive salary administration policies, including a package of performance-based raises, pay plan adjustments to keep us competitive and general wage adjustments when economic conditions warrant. I've initiated plans for the development of an enhanced wellness program, providing incentives for employee wellness initiatives while reducing employee health care costs. In the area of improved efficiency and accountability, new supervisory training programs have been initiated enhancing the preparation of our supervisors' ability to fully implement policy directives in a consistent fashion. Increased control of payroll expenses has resulted in the assurance that allocated funding amounts will not be exceeded. This is unprecedented in this organization. Improved accountability for construction of parks and administration facilities was accomplished through reorganization, which placed project managers in parks and recreation in facilities management departments. Quarterly reports have been expanded and enhanced providing the Board with complete information on the progress of budgeted activities. In the area of positive feedback, the recent vote that soundly rejected the union is the strongest statement from our employees that our management approach is effective. While we have identified a number of issues that require our immediate attention, the margin of victory clearly conveys the message that this is not an organization in crisis. The continued positive results from the annual citizen survey undertaken by FGCU, the League of Women Voters and Fraser and Mohlke Associates continues to confirm the high levels of public satisfaction with County services. Enthusiastic support of the CBIA for our road project enhancement recommendations that we presented this morning confirms the excellent relationship that we enjoy with community and business organizations. Improvements in cable television coverage of County government has improved our public image and resulted in many positive comments. In spite of these accomplishments, it has become clear to me that I no longer enjoy the support of the majority of the Board of County Commissioners. Discussions with individual commissioners have resulted in inconclusive and sometimes conflicting feedback. Whereas one commissioner may applaud my empowering approach to management, another may feel it results in my giving too much power to my subordinates. While one commissioner looks to me for visionary leadership, another suggests that I behave as though staff regards the Board as an obstacle in the process. Page 84 November 9, 1999 One of the reasons I've chosen to endure this process is to bring clarity to the expectations of the Board of County Commissioners as a body. Some of the comments that I've received question the appropriateness of my management style given the dynamic nature of Collier County. My approach to management has been developed over a period of more than 20 years. In that time I've had the opportunity to learn from a wide variety of issues, personalities and circumstances. I've made many mistakes and learned from them. I've also had many successes from which I've also learned. My management philosophy has not changed dramatically since joining Collier County, nor has it been a secret. In fact, the first question asked of the applicants for this job in a questionnaire which accompanied the application was, "Describe your management philosophy." My response was as follows, and I quote, "I believe in empowering employees in order that they are fully involved in the decision-making process. It has been my experience that employees are most motivated to perform when they have a sense of ownership in the organization and the decisions being made." I recognize that the cultural change of an organization of this size is a lengthy process. We've been through a period of adjustment and are seeing the positive results of this effort. It is my hope that the Board will allow this transition to be completed before judging it to be out of step with the needs of this community. Managing County government in a rapidly growing Florida community is a difficult task. Managing an organization of over 1,200 employees with an annual operating budget of over $500 million covering a diverse array of services ranging from providing emergency medical care to selling treated effluent to help irrigate golf courses would provide sufficient challenge to test the abilities of any Fortune 500 CEO. Add to that the dynamics of the obligations of intragovernmental cooperation, liaison with elected constitutional officers and public access and accountability and you have an environment that is bound to present situations where everyone involved cannot be happy all of the time. The reality is that the individual Board members each have their own unique ideas of what it takes to do this job effectively. This may be an unanticipated result of single member districting and the fragmenting impact it can have on public policy or it may just be a matter of different approaches to the interpretation of the policy administration dichotomy. Regardless of the basis for this difference, I have always believed that a manager must employ the skills, abilities and expertise he or she uniquely possess in order to effectively carry out management responsibilities. Although, Section Eight of the County Manager Employment Agreement dated May 29th, 1997 provides, and I quote, "The Chairman of the Board of County Commissioners shall provide the employee with a summary written statement of the findings of the Board and provide an adequate opportunity for the employee to Page 85 November 9, 1999 discuss his evaluation with the Board of County Commissioners," end quote. To date, such a summary written statement has not been provided to me. It is my belief that this requirement should be met before any action -- any further action regarding the disposition of my position can proceed. I look forward to the positive resolution of any comments that the -- or any concerns that the Board of County Commissioners may have concerning the performance of Collier County government. Thank you. CHAIRWOMAN MAC'KIE: Bob, on that last point, certainly the -- I could not, prior to this meeting, have the opportunity to know what the other Board members' evaluations would be. So certainly after this meeting, it would be my intention to deliver to you whatever written statement the contract requires. MR. FERNANDEZ: Thank you. I would appreciate that. CHAIRWOMAN MAC'KIE: Absolutely. Are there questions for Bob or would someone like to go forward with their evaluation? And, Sue, I would ask you to take some notes. And, of course, we'll need to get the transcript of this portion as soon as we can so that I can provide that notice to Bob that he's entitled to. Anyone want to be recognized? COMMISSIONER BERRY: He has my evaluation. CHAIRWOMAN MAC'KIE: He has my evaluation, as well. COMMISSIONER BERRY: But I need mine back in order to do what we're going to do. MR. FERNANDEZ: Madam Chair, do you wish to take speakers now or after you -- CHAIRWOMAN MAC'KIE: What is the pleasure of the Board? I think it is more appropriate -- as unpleasant as it might be, it is more appropriate for us to give our evaluations and then hear public comment and then make whatever decisions we're going to make. Commissioner Berry needs a copy of her evaluation, if you don't mind. I kept a copy of mine, and, I guess, I will go first. Bob and I have discussed this, obviously, ahead of time and so it is not news to him. But I will just go down and tell you by the numbers on the ratings of what my evaluations were. The first one is that the job description and action plans and benefit package should be reviewed annually with a report submitted to the administrator in March of each fiscal year. I marked that as an unsatisfactory or needs improvement primarily because of my -- primarily because when the pay plan was presented to the Board I wanted to support -- you guys have heard me say this before. I wanted to support the higher number for raises that Bob had proposed, but I couldn't find justification to do that. I couldn't get my questions answered and the majority of the Board neither got adequate questions answered in order to be able to provide that higher level of raises for the staff. So that was a problem for me. The employee training program referenced second I said meets satisfaction. I don't really know much about how -- what training we offer, but I don't know of any problems associated with it. Pay plan Page 86 November 9, 1999 position classification recommendations I also ranked as unsatisfactory for the same reason I told you just a moment ago. Executive summaries -- and now we're in executive of policies. Executive summaries, frame Board policy recommendations, I think Bob has done a good job of that. There was some problem with that. It has been corrected. Board apprised of major legislation that potentially affects County operations. Although there was an item on today's agenda, I found that to be unsatisfactory. I don't think we've done a good job in the last few years of having a legislative agenda. It's something that I pushed this year to be sure that we did not only address the legislative issue, but that I've asked the County Attorney to advise us of the effects of the constitutional amendments that were adopted and whether or not there's any change needed in local regulation resulting from them. Effectiveness of policy procedures and regulations reviewed annually I actually wrote down unsatisfactory three times there because I'm extremely unhappy that we have reached the point that we have with regard to road construction. For example, that the private sector has to come to us with -- has to come to us with proposed solutions to a problem or to identify the necessity of a change in policy. I have been disappointed that we don't get policy -- policy recommendations from our professional staff when problems arise or perhaps in anticipation of problems that they can see before they reach the Board level. That, likewise, is unsatisfactory on the fourth question there of provides periodic reports to the Board regarding execution of Board direction. It's my observation that those reports have been more reactionary, instead of preventative. In budget management I have meet satisfaction in all of those categories, but I have noticed -- noted that the standards there are minimal -- minimal standards of measurement. They basically have to do with meeting schedules and providing documentation within deadlines. I also have meet satisfaction in all of the six items under management, but I question whether or not the measures -- the questions that we have there, in fact, address the profiles identified for the Board. Most of everything under this management section has to do with bureaucratic; provides information, meets schedule, does procedures. I'm not sure how that measures judgment or measures the profile of being a results-oriented person. So while all of those were satisfactory, they weren't terribly meaningful to me. Supervision I found meets standards there. Although, on questions two and three I had to say that I just don't know. I don't think it's frankly much of my business to know whether or not the staff and division directors self-evaluate and whether or not they have task forces and committees that meet. I question whether any of those items, likewise, address my concerns with regard to leadership. In the leadership category the first one is department directors and division administrators will present new initiatives to the Board Page 87 November 9, 1999 in order to promote and encourage creativity. I actually only put one "U" in that blank, but that's the one that I have the most problem with. If I can highlight one in yellow, that's the one that troubles me the most. The balance -- the next few questions there I have meet satisfaction on two, three, four, five and six. Seven and eight I have as unsatisfactory. They, likewise, address providing recommendations to the Board based on best professional management considerations and initiating policy-level recommendations for consideration by the Board of County Commissioners. Again, it's my experience that those policy-level recommendations come in after problems are identified by the Board, instead of in anticipation of them, which only the staff has the opportunity to see as an issue works its way through the process. Only staff can see something is not right here. This doesn't -- this policy of the Board is not effective. It's not working here. We need our professional staff to wave flags in our faces when there are problems that need a change in Board direction, instead of just continuing to march to the drummer of, "That is the Board's policy." Relationship with the Board of County Commissioners, all of those I have meets satisfaction, which was a significant improvement from the six months ago. I think that the communication between the County Administrator and me has certainly been improved through his pager, through -- I think that CARE program is cumbersome, but useful. You and I have talked about that. All of those I think showed improvement. Departmental performance I have meets satisfaction on one and four, but just plainly I don't know on two or three. Again, these are sort of administrative things about department directors meeting with their peers where applicable and going to professional organizations. I don't know. I have meets satisfaction in one through five under community relations. I have unsatisfactory on six and seven. And, again, the theme continues that six is evaluate marketing plan of various departments -- and I'm paraphrasing -- to improve communication with the public. And seven is recommend appropriate -- I am sorry. Number six evaluate marketing plan to improve communication with the public. While the use of electronic communication has certainly been better than we've ever had, the problem here continues to be that we are reactionary and not proactive in that area. And recommend appropriate funding structures for provision of services for urban and rural areas, this one -- certainly, it's true, as Bob highlighted in his self-evaluation, he identified for us the shortfall and the sales tax as a potential solution to us and impact fees and otherwise, but there it has laid instead of -- instead of having a strategy how we're going to move forward, how we're going to -- how we're going to educate the public and strategize the need to address the capital funding shortfall. Page 88 November 9, 1999 I'm going to just read my comments because they're brief. Two areas for improvement were identified six months ago. One, communication and accuracy; two, leadership. There has been improvement in number one via the systems put in place; the beeper, the CARE system, et cetera. There has not been adequate improvement in leadership. Under actions for improvement, your management style results in reactionary change, instead of visionary leadership. I do not believe that this style can be changed. It is not wrong. It simply does not serve a community growing and changing as rapidly as ours. And I, as reported in the newspaper, indicated that I think the administrator should resign and hope to get to work with him towards that goal. Anyone else? COMMISSIONER CONSTANTINE: I will give you a shorter version. Rather than go through each one individually, I will just give you a summary, which is there are 48 line items on here -- actually, there's a couple less than that, but I've added a couple in. All of which 21 I have as unsatisfactory, 12 as meeting standards and 15 of those I just -- like you, I think some of these just don't apply. If senior staff attended a conference or a meeting, I don't know that that is a measurement for how well our County Administrator is doing. Fifteen of those I just have put not apply. What I would like to spend a couple of minutes on instead is some of the items that you highlighted in your comments I think demonstrate some of the problem. You mentioned the GIS and the work going forward with that and I appreciate that, but communication was one of the big issues that I had stressed. And we have improved some of those areas with the Board with the fax machines and phones and so on, but communication with Abe Skinner's office, who is overseeing the GIS project, as recently as when we cut the ribbon on Eagles Lakes Park a week ago I was talking to Abe and there still seems to be some faulty communication. MR. FERNANDEZ: The communication problem there is that I have asked for a copy of the contract that he has entered into with the vendor. And for a month now he hasn't provided it. COMMISSIONER CONSTANTINE: I didn't anticipate we were going to debate each item as I brought it up. We certainly can. MR. FERNANDEZ: I am sorry. COMMISSIONER CONSTANTINE: Trying to get odor control on the landfill. Believe me, no Commissioner appreciates that more than me. I smell it, you know, 75 days a year. But, again, it's reactive. It's not something new. We've been promised odor control as long as I've been on the Board. Thus far, unfortunately, we still have it. Town hall meetings you mentioned. That was actually a Board idea. We have done that in past years and we brought that up during our little beginning of the year workshop this year. So I'm glad they came to fruition, but that was a Board idea and not an administration idea. The salary and pay plan and trying to do some work on behalf of the employees, much like Commissioner Mac'Kie, I appreciate the fact Page 89 November 9, 1999 we're trying to take care of our people and keep them, but part of that -- a big chunk of your proposal was reactive to what the Sheriff had proposed and didn't appear until literally the final budget hearing after five months of budget hearings. And, you know, we went through some of that in June, May, whenever it was, but we didn't have a specific proposal, except as a reaction to the Sheriff. And it seems to be -- reactive, instead of proactive seems to be the key here. The road plan that came forward this morning couldn't be anything clearer to our public that we need to make some changes on how we are dealing with our road system. But to wait until CBIA brings that forward and to have not recognized that on your own I think, again, is a reactive process. I scribbled down a number of notes. I'm not going to continue, but I scribbled down a number of notes from comments you said. And it's just -- it's the same thing. Many of them either -- I don't know originated out of your office, so I don't know that they're appropriate for you to be taking credit for. And, second, is that an awful lot of it seems to be reactive to things going on as opposed to visionary and seeing what the community needs long term before it becomes a problem. You mentioned we're not in crisis and we're not in a deep crisis. But the analogy I used six months ago was steering off course. And nobody notices if that ship drifts off course at first because it doesn't seem to be going too far. You're close to where you're supposed to be, but the longer times goes on, the further you get off course and the harder it is to steer back to where we need to be. I think we continue to drift off course. You're not terrible. You're not creating crisis. You're not falling apart, but we're headed in the wrong direction. And I've got to agree. I think Commissioner Mac'Kie is right. It may be time for a change. CHAIRWOMAN MAC'KIE: Other Commissioners? And, Bob, we certainly -- if you'd like to respond now or if you would like to go on. COMMISSIONER CONSTANTINE: Let's try to do all five. CHAIRWOMAN MAC'KIE: Well, I would defer to Bob. Would you like to respond one by one or would you like to hear from perhaps the consensus better. COMMISSIONER BERRY: I'll go next. MR. FERNANDEZ: I will wait and hear from everybody. COMMISSIONER BERRY: Well, I'm not sure we're all sitting on the same Board because, I guess, I view a lot of things differently. I don't know if it's from past experience having served on another local County Board and having been in the position to relieve an administrator of a duty. And every time you do that, you set into motion some delays that are not always in the best interest of the community. And that's my concern here, Commissioners, that what we're about to do or what you're proposing, Commissioner Mac'Kie. I think it has Page 90 November 9, 1999 been less than three years ago at this point in time you had another administrator. Frankly, I think we're going to send a message out -- I would certainly look at the people in-house in terms of what their aspirations are of trying to serve this community, think again. Because you've got a Board that's going to be extremely difficult to work with. You have five people who are going, it appears, in five different directions. I don't know how you can possibly serve five different masters when they're all not pulling in the same direction. And I think that this sends a critical note out to people who have aspirations to serve in this capacity and to anyone who may be coming in from the outside to seek this particular type job. I think it's very difficult. As far as what I've evaluated here, I have put on the very first page regarding personnel management, execution of policy and budget management that Mr. Fernandez has met the expectation or he has met the standard. And as evidenced by many of the things that he spoke about and as evidenced by the different items that he provided for us and what he has done in his tenure so far. When we get to the second page, which has to do with -- it's still under budget management, I believe, there were some items. I gave him exceptional in regard to the quarterly reports as provided to the Board. This was something the Board asked for to be provided. He did it or the budget office did it. What's the problem? If it's not meaningful, then the Board should have said something, "I want this in a different format," or, "I want something a little bit different." But one is to assume that unless that complaint is made that obviously it's what we had asked for. When you get to supervision, there was one item I -- in fact, when I had my discussion with Mr. Fernandez I wasn't sure that I would know this kind of item. But I also gave him that he exceeded the standard in regard to the interdepartmental task force committees, which were organized to make some recommendations concerning County-wide issues. And some of those matters had to do with -- as I recall at the time, we were all kind of shocked when he brought forward the retention ponds. Now, that seems -- it's a very small item, but it was an item. These are the kinds of things -- and we said at the time we encouraged more of this kind of items to be brought forward. When you see things like this that you think would be an enhancement, bring them forward to the Board. He did that. Continuing on in leadership. I thought he met the standards under number eight, the initiate policy-level recommendations for consideration by the Board of County Commissioners. I think he did that and I think he did it exceptionally well. Then we go on to relations with the Board of County Commissioners. I think he meets the standards. The CARE, which is to provide a process to track and answer Commission inquiries into an efficient manner, I will tell you in my specific district the number Page 91 November 9, 1999 of phone calls I receive -- because geographically I have the largest district in Collier County, some 1,600 square miles. It is the largest district in the County. And so the concerns are about as varied as you can imagine. Starting up on the Willoughby Acres area, traveling over to Immokalee, all of Golden Gate Estates, all the way down to Everglades City and Chokoloskee. Now, that is an area that is about as diverse as you're going to find in Collier County. There is no two issues that relate. And throw in the problem of Immokalee Road on top of that and you can imagine the number of issues and concerns that have been raised. And if it had not been for this process that was put in place, I could not keep track, nor could my secretary, Ms. Filson, possibly be expected to keep track of all these concerns and what the answers were and try to keep them in a manner that made some sense. And so I, for one -- that has been a tremendous help in my particular district, let alone. I would hope the other Commissioners use it if they have that concern. The offer field meetings with Commissioners to personally review key projects and provide regular updates, again, the source came forward in the booklet form that we have. And I can't tell you how many times I refer to that book for updates, which they do every quarter. They didn't have to do that. There is nothing that says that that's required to provide for Board of County Commissioners. But that was done and it has been an extremely big help. So there was a change made and it was very positive. Going on to departmental performance, departments report quarterly accomplishments in the context of the Board's strategic planning meeting. I thought it was more easily understood than what it had been in the past. Two and three of that particular page I didn't think were necessarily applicable to the Board of County Commissioners. And then the accomplishments and future plans of departments provided in an annual report, it meets the standards. Going on to the next, community relations. I figured that he met the standards and exceeded them with providing a timely and accurate response to public inquiries. And number six, which is evaluate the marketing plan of various departments and to make budgetary recommendations to improve the communication -- and this has to do with the TV show, it also had to do with some things involving EMS and so forth. So, again, I say I'm not sure we're all sitting on the same Board. We certainly don't all have the same expectation for the administrative role of our County Administrator. There's no question about it that Mr. Dorrill, who was here previously, contrasted to Mr. Fernandez, who is currently here. You're dealing with two opposite personalities. The Board of County Commissioners at that time, with the exception of a few, did not see fit to like Mr. Dorrill's style and now they're seeing fit that they don't like Mr. Fernandez' style, which are two different types of administrative style. And my question is: Just what exactly are you looking for when you had the Page 92 November 9, 1999 opportunity to review Mr. Fernandez' tape of his interview and you knew exactly what he was coming in here and how he was going to work? And now, all of a sudden, that's not satisfactory. So I have some concerns. It's not to say that things can't be done better. Absolutely. There's always room for improvement. I don't care who the administrator is or what the Board is or who the Board is, for that matter. We can always do a better job of responding to the public and carrying out our tasks. But at the same time, I don't think that Bob Fernandez has done anything that makes him a throw-away commodity to Collier County. (Applause.) COMMISSIONER CARTER: I will let the senior members go first. COMMISSIONER NORRIS: Okay. My evaluation hasn't really materially changed in the ensuing six months here. Although, of course, some of the improvements that you have done are certainly welcomed. The communication response and that sort of thing. They are certainly welcomed. In the interest of brevity, I think both Commissioner Constantine and Commissioner Mac'Kie have raised some of the same points that I do. The appearance, I suppose, that we're always in a reactive mode is one that gives me great concern. Our County is changing and evolving so rapidly that we need much more forward-looking leadership, I think. I appreciate the list of accomplishments that you've brought here. In looking through those though, I see a number of items that I believe were probably -- have their genesis with concerns that have been voiced in the past. So, therefore, it would only be natural that you would go ahead and address those concerns. It's always a very difficult situation to have to have these conversations out in public. I guess the short version is that I don't really see enough material change to change my opinion from what it was six months ago. And I will just leave it at that. CHAIRWOMAN MAC'KIE: Commissioner Carter. COMMISSIONER CARTER Thank you, Chairman Mac'Kie. I've been here the shortest period of time. We did go through this process six months ago. We weren't real comfortable with it. We came back and we did a process and rank ordered some management abilities and that transformed, I think, into the process that we're using today, which personally I feel a lot more comfortable with in terms of trying to evaluate the CEO. And that's what Bob Fernandez is. He's the CEO of a half billion dollar a year corporation with four, perhaps five division presidents. And that's the basis on which I approach this. And I suppose in my abbreviated review here I'm not so concerned about what's been done, but more concerned about what hasn't been done. And that's -- that's where I come from. And if I look at the management abilities and I pick four that were a big focus for me as I went down through this entire list -- and a short summary of that is I found that Bob exceeded in three areas, he met my expectations in 33 and there were 28 where I felt that he needed improvement. And I've Page 93 November 9, 1999 had this conversation with Bob about these areas and my concerns about it. But when I look at multiple focus -- and that to me is that you've got a lot of issues that you have to deal with at the same time. And you have to have your division presidents in sync with you to get those projects moved forward. And many times I feel I'm getting things one at a time and where does it fit in the big picture. This has been a big concern for me. And that can relate to organization and planning and it can relate to judgment and it can relate to leadership. Jack Walsh (phonetic) runs a major corporation in the United States. He's got a lot of division presidents. He's a participative guy. But he's also a tough task master to make sure that issues are brought forward in a timely basis and he also is one that if I'm sitting here as a policy-maker I don't want to have to discover these issues one at a time. I want a more global effort to know where we're going and how we're going to do it. And I hold the CEO accountable for that. And how he gets that done through his organization is his business. But ultimately I have to judge one CEO. And that's Bob Fernandez. And Bob I personally like. I enjoy his company. I think in a number of these areas he's made a lot of improvement and he has helped me, but I have some concerns for the future and where we're going to go and how we're going to do it. Is this the person to take us where we need to be? I talked with Bob and I said, "You can count votes as well as I can as you go around." And my recommendation to him was that he resign his position. That he go forward and find another opportunity and then we begin to search, no matter how difficult it is for us, to do a better job of clarifying our role as policy-makers and looking at the management side with whoever the County Administrator is and what the management side is. So that's where I am this afternoon. I believe it would be in Bob's best interest, the County's best interest, if he resigned his position. CHAIRWOMAN MAC'KIE: Bob, would you like to respond or should we go to public speakers and then hear from you again. MR. FERNANDEZ: I would like to respond after public speakers. CHAIRWOMAN MAC'KIE: That would be just fine. David, could you help us? MR. WEIGEL: I certainly can. The first speaker is Robert Bennett, followed by Cynthia Dallas. COMMISSIONER NORRIS: How many do we have. MR. WEIGEL: About eight or nine. COMMISSIONER CONSTANTINE: Can we do the on-deck circle. CHAIRWOMAN MAC'KIE: Yeah. The second speaker, if you'd come on up and be sort of standing by. That helps the time flow. Thank you. Good afternoon. MR. BENNETT: Good afternoon. You know me and I know you. COMMISSIONER NORRIS: She doesn't though. Tell her your name. Page 94 November 9, 1999 MR. BENNETT: I'm Robert Bennett. I'm a resident of Collier County. I'm president of Bennett Search and Consulting Company. Prior to that, I was a senior officer of a Fortune 500 with fairly vast management responsibilities. And I want to speak a little from that standpoint. I want to speak on behalf of Bob Fernandez. I've known him since he arrived in the County. I've brushed up against him certainly in my volunteer work for the County. I've been Chairman of the Water and Wastewater Authority, Vice-chairman of Blacks Affairs Advisory Committee. I was on the Citizens Advisory Board. And although -- although certainly not as close as your contacts were on a daily basis, I certainly had those contacts. In addition, he is a member of the Class of 2000 for Leadership Collier, so am I. And I do not speak from the standpoint of Leadership Collier group, but I've seen him in action in several all-day sessions and have a great admiration for him. He, in a non-public forum amongst his peers, has shined. And I think that's amidst a pretty diverse group of people with whom he has shined. His subordinates seem to respect him. I talk to a lot of them. I know them. And I think they're kind of mystified. I think your actions are going to reflect very badly on the County if you let him go or if he's allowed to resign. As a search person who searches for chief executive officers, you're going to have a heck of a time finding one after this. Before taking any action, I have a recommendation to be far more positive. I think that you should appoint a panel of senior businessmen who've had senior positions of management managing thousands of people and major projects and have them investigate this situation and come back with their recommendation to you. I think you need the advice of people who have been there. And that's my recommendation. Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. (Applause.) CHAIRWOMAN MAC'KIE: The next speaker. MR. WEIGEL: Pardon me. The next speaker is Cynthia Dallas, followed by Brian Kocses. MS. DALLAS: Good afternoon. I'm Cynthia Dallas. I'm a resident of Collier County. I would like to address the Commission on a different angle today and discuss the psychology of the voter. It's commonly known that people only raise their voices when they're upset about something. If you don't have a swell of righteous indignation concerning these events, it's because the taxpayers of this County are extremely content. A fact borne out in the recent poll of voters completed in this County. Could this really be a matter of inefficiency? We hear the list of the accomplishments and we have a realistic sense of what has been accomplished. Let's consider maybe your expectations are unrealistic. As I had mentioned to many of you in letters recently, even ballplayers are judged on averages and even any one of you can screw up miserably and still get reelected if on voter's day, on ballot Page 95 November 9, 1999 time, the person running against you is worse than you are and you are the lesser of two evils. So you can still get reelected if you screw up. Should it be a matter of style versus substance? That does not justify our tax dollars to release this man early in his contract. You should let him go work out to the end of his contract. Nothing is being hurt by him doing his job to the best of his ability. This man has 28 years of County government experience and I dare say that's more than the rest of you combined. Can he be said to bring no vision or accomplishment to this County? Why is he sought out to teach others how to run County governments? And, yet, he is not good enough for Collier County. six months ago this dysfunctional group could agree on only one thing and that is that there was no one single vision or job description that Mr. Fernandez could look to to make the certain changes that he needed to make. At that time he was told such a consensus would be presented to him, but, to my knowledge, no such consensus exists. You want him to be proactive, instead of reactionary. It seems to me that he inherited a chaotic situation, a system of distrust and dysfunction that he has somehow still made successes in. The proof of dysfunction is right here today. Not only in the lack of unity on this Board, but in the need to dicker over who gets credit for coming up with an idea, instead of being excited over the fact the idea was enacted and was successful. I think it's imPortant to say -- (Applause.) MS. DALLAS: I think it is important to say that Mr. Fernandez has no motive, other than to bring his experience and vision to the people of Collier County. And that at no point does this man render decisions based on whether there's a future vote in it since he is an appointed official. I have to say that I'm amazed at his poise and dignity evidenced by his refusal to play with the media. He has done this in order to keep open the door of a working relationship with this Commission, a point which seems sort of moot and futile at this point. I ask this Commission to cede to the wishes of the taxpayers and the workers who work underneath Bob Fernandez. We're the ones who want him to stay. We're the ones who are content with the job that he has done. These are the same taxpayers that recently showed you that they are content with his work. Thank you. (Applause.) CHAIRWOMAN MAC'KIE: Thank you. MR. WEIGEL The next speaker is Brian Kocses, followed by Victor Valdes. MR. KOCSES: Good afternoon. For the record, I'm Brian Kocses. Wow, what a meeting! Please forgive the canned sermon, but I wanted to try to keep it as brief as I could. CHAIRWOMAN MAC'KIE: No problem. We appreciate your coming. Page 96 November 9, 1999 MR. KOCSES: I would like to speak on behalf and in favor of Bob Fernandez. I do, in fact, think that Bob is not only a person of honor and integrity, but a good manager worthy of holding onto. Bob uses a no-nonsense empowerment approach with employees, which I've myself found in the private sector of business has yielded more creative, motivated, enthusiastic employees with a greater sense of self-worth. And that's bringing up the system from the bottom up. The County employees seem to like working with Bob. I have family members that work in the County. I have friends that work in the County. And they seem to be very positive towards him. They always speak favorably on his behalf. I think if put to the public, I feel the citizens of Collier County would unanimously vote to keep Bob Fernandez. It has been pointed out that Mr. Fernandez was one of the first minority administrators to this County. More clearly, he has a genuine concern for his fellow man, the highest moral standards, integrity, and an unparalleled code of ethics, public or private. In today's world this is what makes Bob a minority, not ethnic background. Surely these are qualities worth keeping. Seeing how well the County is running, which it is -- it seems to be running quite well. With Bob's support by County employees and the people of Collier County, wouldn't it be wise to set aside whatever small differences there may be, whatever style differences and keep a worthwhile, irreplaceable man? I just sincerely beg you to think very clearly on what you're trying to give up. I think he's doing his part to the best of his ability with -- considering what he has to work with. He has very diverse opinions to work with. I think the County is being run well. I think he needs your support. I only ask you to give him some support. Maybe if you gave a little, he could give you even more. I just ask you to give him that chance in continuing. I speak not only for myself, but my wife who was scheduled to be here. She had to go pick up our children from school. She, too, was going to speak on his behalf. I can't speak for her, but she also supports Bob greatly. I appreciate being allowed to speak. CHAIRWOMAN MAC'KIE: Thank you very much. (Applause.) MR. WEIGEL: The next speaker is Victor Valdes, followed by Frank Loney. MR. VALDES: Good afternoon, Commissioners. CHAIRWOMAN MAC'KIE: Good afternoon. MR. VALDES: Thank you for the opportunity. CHAIRWOMAN MAC'KIE: And your name? MR. VALDES: For the record, my name is victor Valdes, editor of Las Naciones newspaper, editor of Under the First Amendment magazine in English, and editor of the digital newspaper in the Internet, Pagina Uno.com. I am here on behalf of Mr. Fernandez. Let me tell you something that maybe you don't know. For years we have been receiving many Page 97 November 9, 1999 allegations from County employees about discrimination. After Fernandez took the post, the complaint about discrimination given to me had decreased, practically disappeared. I working in two or three occasions with Mr. Fernandez at the very beginning of his time. About three employee complaining about discrimination and Mr. Fernandez work very wise and resolved the issue at no cost for the County and saving not only money for the government, as to avoid a legal fight. And Mr. Fernandez gained good opinion and respect from employees and from the community. Me, as Hispanic, as journalist that I knock on door of business people and community activities and other citizens, we saw -- excuse me. I always tell what I seen. We saw this as discrimination or something hate about our community because his more big fault is because he -- his name is Roberto Fernandez. Yes, this -- maybe you know, but we saw too many racial issues in this County. And going to the last point, please. I have respect for some of you, not all. Some of you. Others deserve no respect. Please, those that I respect, don't join -- don't jump in the boat of the racist. Please, keep away of those people that hate community -- our community -- Hispanic community. Thank you for your time and save money keeping him. Don't spend money to letting him go and maybe a quarter of a million dollars searching for another administrator. Because I pay taxes for my home, my car, everything. And I don't want that this money be used in this way. Thank you for your opinion. (Applause.) MR. WEIGEL: Next speaker is Frank Loney, followed by Marta Coburn, M.D. MR. LONEY: Good afternoon. CHAIRWOMAN MAC'KIE: Good afternoon. MR. LONEY: Commissioners, public and taxpayers. My name is Frank Loney, for the record, and I live in 131 Tahiti, Naples, Florida. I'm not talking from part of the Hispanic Affair. I'm talking as a citizen. And we hear a lot of favoritism of this and favoritism of that and this and that. I'm here on behalf of Bob Fernandez. I have to remind you before I even tell you what I'm doing here that I belong to the district of Mr. Norris. Today, early in the morning, I tried to talk to my Commissioner and I was throwed off. He give me a gesture that he didn't want to talk to me. After lunch I come back and he want to talk to me. And I said, "I want it on the record." For most of you I got a lot of respect like leader in my community. For most of you I help in election day. Right now I got my hands full trying to get people out to vote. And today I'm making up my mind. Mr. Norris can start running again because I would not support him. And I would make sure that my district would not support him. I want that on the record. I know that few of you is planning to run. I really don't care if you want to run. I am a taxpayer. And as a taxpayer I come to you Page 98 November 9, 1999 to explain to you that when you need us, you was knocking on our doors. When you need to be where you are today, you was asking us, "Please, change your mind and vote for me." We spend so much money looking for an administrator of a city. We bring him in and in less than two years we try to fire him as a God. I ask the Commissioners, with all due respect, do we want to continue spending my money, what I pay tax in this County to continue looking for an administrator? When we had Mr. Dorrill we didn't have the opportunity to come in front of you. We didn't have that opportunity to complain about our management. Because he was God for you all people. Today we got an administrator that maybe cannot please five heads because we cannot come together. Maybe because we don't understand the dynamics of Collier County. Maybe we only looking for our personal interest. And I'm asking you as a taxpayer to reconsider your position, to think that what we doing by firing one, getting another one, we are spending more money, instead of investing more money. I come to you to ask you not to think as a minority. You know, because I've been observing the many times I come to this County -- to the Commissioners it look like sometimes we don't have respect from our Commissioners. They do not listen to us. And if they listen to us, they make faces or they're somewhere else thinking on something and not on the issue. I come to you and tell you as a taxpayer, do we want to continue putting this deficit in our pocket? And if so, I've got a solution very easy. Remember, I got my first amendment. I can go to the media. I can go to the media and tell them when you're ready to run in the year 2000. I can go to the media and tell them, "I remember so and so when he was a Commissioner. I remember so and so when he wanted to fire Mr. Bob Fernandez. I remember so and so when he didn't want to talk about the issue of Marco." And I come to you today as a citizen by losing my day of job, I've got a kid sick at home, just to make you listen to me. I would like you all five heads of Collier County government to reconsider. Thank you. CHAIRWOMAN MAC'KIE: Thank you. (Applause.) MR. WEIGEL: Next speaker is Marta Coburn, followed by Heriberto Hartnack. DOCTOR COBURN: Commissioners, I'm Doctor Coburn, Chief Medical Examiner for Collier County. And I'm here in support of Mr. Fernandez. I've never come before you to speak about any issue, except for those that relate to the budget of the medical examiner's office, as you know. But I'm here now because I think this situation is very important and it's in your hands. This is an issue, as I see it and I think as you see it, of leadership and of integrity. And, likewise, your decision speaks as to how you see the work that we, your department heads, are providing for the citizens of our County. If, as I suspect, you're proud of your staff and the services we are providing, along with continuous Page 99 November 9, 1999 improvements in communication, then you're witnessing the good leadership, the guidance and the direction that Mr. Fernandez is providing. When you evaluated Mr. Fernandez several months ago, as you know, I wrote to show my support of Mr. Fernandez. I wrote each of you a letter. Today I would like to be on record that I still support him. Madam Chair, the last time Mr. Fernandez' performance came before you, you cited the great support of the staff and the department heads as one of the most compelling reasons that you chose to vote to retain him. On behalf of that staff and many department heads, I assure you that our support has not wavered. In fact, it has strengthened as witnessed by the conversations at our meetings. Given the accomplishments this County has enjoyed and continues to enjoy under Mr. Fernandez' leadership and given the support that he has from his staff and realizing that you appreciate hard work and integrity, it seems that you would reward these efforts. I believe that the leadership of the Commission is fair, reasonable and intelligent and that these decisions are based on what is the best for the people that we serve. So I respectfully request, Madam Chair, Commissioners, that you reconsider your position if you have any intention to vote to terminate Mr. Fernandez and instead vote to support him. Thank you kindly for the opportunity to address you on this matter today. CHAIRWOMAN MAC'KIE: Thank you, Doctor Coburn. (Applause.) MR. WEIGEL: Next speaker is Mr. Hartnack, followed by the last speaker, Tom Conroy. MR. HARTNACK: Commissioners, Chairman. CHAIRWOMAN MAC'KIE: Good morning or afternoon. MR. HARTNACK: Good afternoon. My name is Heriberto Hartnack. I represent the Catholic Hispanic Community of San Pedro Mission of Naples. I would like to offer our support to our County Manager, Mr. Robert Fernandez. As a silent community -- because that's what we are here. As a silent community of Collier County, we are asking you to reconsider any unfavorable -- excuse me -- unfavorable decision concerning Mr. Fernandez. We feel he currently is and will continue to be a good asset to one of the fastest growing communities and this County. Our support is behind him. I would also like to mention I spent 20 years in the military and I gave many people -- lots of my soldiers many chances and opportunities. And he needs another one. Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. (Applause.) MR. WEIGEL: Mr. Tom Conroy. MR. CONROY: Good afternoon. My name is Tom Conroy, as many of you know. I've lived in Naples since my second birthday. I believe that there are probably few people in this County who love the County as much as I do. I would never live anywhere else. This is, I think, just the greatest place in the world to live. Page 100 November 9, 1999 I get very involved in my community. I've been involved in many different civic activities. In 1992 I was president of the Mental Health Association. 1996 I was president of the Naples Area Board of Realtors. And this year, in 1999, I have the honor to be Chairman of Leadership Collier Class of 2000. And it is through that organization that I had the great opportunity to meet Bob Fernandez. Leadership Collier, as many of you know, is an organization that attempts to bring leaders into the community and expose leaders to the community at large. Now, the Naples Area Chamber of Commerce, nor can Leadership Collier -- neither of those organizations can take an official position on this, but both are members of the Class and me personally certainly have the ability to do that. I have seen through Leadership Collier, Bob rise to the top. Among a group of leaders -- 34 leaders he is certainly one of the most respected people in that class. He is respected because he is a man of integrity. He's a man of honesty. He's a hard worker and he's utmost fair. This came out right away and it continues to come out. This sense of fairness, I think, and this sense of honesty is probably the most critical aspect of any leader that we can ask for. I would like to reflect a short story. I spent some time talking with Pam on this issue in the last six or eight weeks. I've got an uncle who is a professor of management at the prominent New York University. Probably five years ago I had a secretary, who is still with me and one of my finest employees. Within the first two years, she was just not -- seeming not to get the job done. I didn't quite know what to do. We weren't communicating. I spoke with Uncle John and I said, "What should I do? I think I've got to get rid of this lady. It's a real problem. It's going to cause all sorts of issues with my firm. I think I need to do that." He said, "Tom, is this woman a hard worker?" I said, "Yes." He said, "Does she give everything she has? Does she take unnecessary vacations? Is she sick?" "No. She's great. All of those aspects are great. We just can't seem to communicate." He said, "You would be a nut to fire her. I consult with many different companies all over the country. And if you get a good employee, if you get someone who is honest, who has integrity, if you want to work with them, you can make that happen." I use that analogy because I think that's a lot of what we have right here. I think that six months ago you came before the Commission and before the public and said, "We're not really happy with Bob and we need to have an evaluation. We'll look at him in another six months." And then my perception is from talking to some of you and talking with Bob that we really didn't attempt to work out these issues and these differences in the next -- during that past six months. I suggested with Pam that I spend some of my time -- I don't have a lot Page 101 November 9, 1999 of free time, but I'm certainly willing to do it for Bob and I'm willing to do it for any of you if I feel there's an injustice. I'm willing to sit down for an hour each week with Pam and an hour each week with Bob for the next three, four or five months to try to establish these lines of communication, to try to discuss what are the issues which are bothering you, where do you see these strengths, where do you see the weaknesses and how we can work on that. I'll sit down once a week, one hour a week, with you all, one hour a week with Bob and try to establish these lines of communication. We've got a good employee. We've got a person of responsibility, a person with integrity. And I think it's a mistake to be looking and hoping to get someone better. And I would be willing to work with the Board and with Bob in an attempt to try and resolve these issues because I think they're certainly worthwhile of being resolved. Thank you very much. (Applause.) CHAIRWOMAN MAC'KIE: Bob, did you want to speak at this time? MR. FERNANDEZ: Madam Chair, first, I would like to say that I really appreciate all the community support that I have received. Surely the effort that Mr. Conroy is willing to put forward to this effort is very touching to me. It's -- it's -- it's something that I could have never expected from anyone and I really appreciate it. Likewise, I appreciate all the support from the -- from those who spoke today. I would like to address a couple of comments that the Commissioners raised in their remarks. Mr. Carter talked about the need for a more global effort. One of the approaches that I have taken with the management of the division administrators is to broaden their perspective of the organization. I have attempted to get them out of the single focus thinking that only their division are their concern. I have encouraged them to all develop global views of this organization and its needs. And we're making progress in that process. My -- my hope is to at one point reach the point that I have reached in other jobs where the budget recommendations coming to you are the product of a process that involves this global perspective from each of the division administrators. Not them competing against each other for budget resources, but rather joining together and deciding collectively what's the best mix of programs to recommend to this County. And that's the direction I'm heading with that. Mr. Constantine talked about a number of issues that he felt my referring to them as accomplishments may not be as appropriate as I had represented. The GIS is a good example and it's something I think we should talk about a little bit. GIS is an issue -- geographic information system for those that aren't aware of the initials. This County had attempted some years ago to put into place a geographic information system. And when I first came to this organization and remarked that there seems to be a clear void in that we don't have one here with a County that's moving as quickly as we are, why don't we, I was told in many different ways Page 102 November 9, 1999 it's not possible here in this County because -- because of the history that we had, because of the reasons why the previous efforts failed. I was not willing to accept that. I recognized that in order for the -- the program to move forward it may be necessary to allow others to take the leadership role. And, in fact, it became recognized very early on that Mr. Skinner would have to be responsible for the base maps in order for the project to become a reality. That's, in fact, the approach that we have taken. It's not something that ~- that even appears anywhere in the County budget yet. I'm still in the process of developing a specific recommendation for our overlays. But that is something that I recognized that in order to get this done in this community I was going to have to relinquish control of that issue. And I was willing to do that. Odor control is another thing that was mentioned. You may not be aware of the fact that I urged Mr. Ilschner to come forward with a recommendation that we cover the existing cover that seemed to be the source of the odor. That's the basis for our recommendation to you that we close out the cells early. Again, it's not something that I felt the need to come forward and put my name next to or to become identified with. The important thing was it was getting done. Mr. Constantine also talked about the salary pay plan and how it was reactive based upon the -- the proposal that was made by the Sheriff's Office. I will remind you that, in fact, in February at the very beginning of the budget process, I did, in fact, recommend a four and a half percent increase. In fact, that's the issue that Commissioner Mac'Kie has criticized me for. But, in fact, we did recommend a four and a half percent increase. The late request you refer to came about because of a late request from the Sheriff's Office. And my proposal was that if, in fact, the Board determined that this funding was fair for the employees of the Sheriff, it was also fair for your County employees. It was -- rather than a reaction, it was renewal of an earlier request that I had made. Commissioner Mac'Kie's comment about no legislative agenda surprised me, frankly. I felt that one of the changes that I did make is in the way legislative proposals were brought to the Board. I have been surprised with the fact that in the first year I was here they came independently. They kind of sprinkled into the Board. I was used to a cohesive package where we went through an effort of developing the legislative proposals, put them together as a package, presented them to the Board as a package and then authorized the Chairman or Chairwoman in this case to present them to the legislative delegation. I saw that as an improvement in the manner in which the legislative package had been addressed in the past. I understand the concerns about reactive, rather than proactive. It's an issue that many managers struggle with when -- when there is not unanimity on the Board that they work for. If I may, I would like to refer to a newspaper article and give you some inclination of a Page 103 November 9, 1999 counterpart of mine. I would hope that he wouldn't mind my using this since it was in the paper. In the article the manager is being asked, "How did your evaluation go," by the reporter. And the response was, "Some members suggested he needs to keep them better informed, that the County needs to respond faster to the public, that he needs to be a better leader on issues, that the County needs to improve diversity, especially in management." That manager received over a six percent increase with that evaluation. Thank you. CHAIRWOMAN MAC'KIE: Okay. Any additional comments from Board members? I will just say, in order to respond to Doctor Coburn's comment, which I appreciated because it is very important to me. And I don't question for a second that the staff continues to stand behind Mr. Fernandez. I also acknowledge what every single person who spoke about Bob had to say and the opinion that I share that his integrity does put him in a minority. The level of integrity he has is what makes him a minority. I respect him for that. Based on both of those two things, I was willing to extend -- to change my mind six months ago and to say, "Let's give six more months to try to see if adequate changes can be made." I have to tell you that in my opinion they haven't been. And it's not an easy opinion to have. It's one that I have grappled with and taken extremely seriously and that I find difficult to express, but find that it is my responsibility to as a steward of the public trust. Any other comments? If not, is there a motion? If not -- COMMISSIONER CONSTANTINE: What kind of motion are we looking for? Today is only, to my understanding, a performance review. I don't know whether or not we have the option of making a particular motion. CHAIRWOMAN MAC'KIE: I guess what we have done at this point is expressed our opinions and done our evaluations. I will do the delivery of the information that Bob asked for pursuant to his contract. And based on that, it appears to me that I will be placing an item on the agenda of a notice of intent to terminate the County Manager, unless someone wants to change their opinion at this point. Is that the procedure, Mr. Weigel? I thought that today was the day we would make that vote, but perhaps that's not appropriate. MR. WEIGEL: Technically it's your option to either place it on the following agenda or the notice of intent, which is merely a notice of intent, could be coopted into today's agenda item if the Board so determined. CHAIRWOMAN MAC'KIE: That was the motion I was looking for. If it's the Board's desire to take a vote on the notice of intent today, we have that option. If it's not -- MR. FERNANDEZ: Madam Chairwoman. CHAIRWOMAN MAC'KIE: Yes. Page 104 November 9, 1999 MR. FERNANDEZ: I would argue that that's not what is on the agenda today. What's on the agenda today -- and you can read it for yourself -- is the evaluation of the County Administrator. There was no indication on today's agenda about a motion to terminate. COMMISSIONER CONSTANTINE: I would tend to agree. That's why I asked the question before. I know the County Attorney has said, "Yeah, we have that option," but I think it is the single most important issue we can deal with and it is not advertised that way. And while I have expressed dissatisfaction with the performance of the Administrator, I think we certainly owe him the courtesy of doing it absolutely by the book. And so I'm not comfortable doing that today. CHAIRWOMAN MAC'KIE: I have no objection to that. I will though take today's evaluations as instruction from the Board to put a notice of intention to terminate on our next agenda. Okay. Moving on, we have public comment on general topics. Is anyone registered to speak today? MR. FERNANDEZ: I have Mr. Ray Trulove. He didn't indicate any particular -- COMMISSIONER CONSTANTINE: That was the concert item. MR. FERNANDEZ: No other items, Madam Chairman. Item #12B2 PETITION PUD-99-12, MR. MICHAEL R. FERNANDEZ OF PLANNING DEVELOPMENT, INC., REPRESENTING MARIAN H. GERACE, TRUSTEE, REQUESTING A REZONE FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS BANYAN WOODS PUD TABLED TO LATER IN THE MEETING CHAIRWOMAN MAC'KIE: Okay. Then we can move to our advertised public hearings. The first one having been continued, we can go to Michael Fernandez on behalf of Banyan Woods PUD. Will all persons wishing to be heard on this matter please stand and raise your right hand and be sworn by the court reporter. (The speakers were sworn.) CHAIRWOMAN MAC'KIE: Okay. And does anyone have disclosure on the Board? This is a -- I am sorry -- a quasi judicial matter. COMMISSIONER BERRY: I've had contact with Mr. Fernandez, who is the Petitioner. COMMISSIONER CARTER: As I have. COMMISSIONER NORRIS: I have had contact with the representatives. COMMISSIONER CONSTANTINE: I have not. CHAIRWOMAN MAC'KIE: I don't believe I -- well, I guess we did. I have met directly with Mr. Fernandez. We will go to the staff report. MR. BELLOWS: For the record, Ray Bellows with planning services. The Petitioner is requesting the rezone of the subject property from agriculture to a planned unit development to be known as Banyan Woods. The Petitioner is requesting 342 units at seven units per acre. As Page 105 November 9, 1999 you can see on the location map, the project is located on the east side of Airport-Pulling Road. CHAIRWOMAN MAC'KIE: If I can interrupt you, I need to ask a legal question. MR. BELLOWS: Sure. CHAIRWOMAN MAC'KIE: Mr. Weigel, we continue as a Board to read in the newspaper that we are disingenuous in our desires to limit or to honor the order of the -- of the Governor and Cabinet with regard to the density -- the moratorium, for lack of a better term, on growth in this County. We continue to read in the newspaper that we're disingenuous because week after week we approve additional residential units. Is this a property that we have the -- that it is within our authority to refuse because we don't want more residential units in this County? Do we have that legal authority? MR. WEIGEL: Well, I tend to think that that is not a criteria in and of itself for the denial. And the ground rules are clearly in place from that earlier stipulated order; whereas, those developments in the process prior to a different point in time have the ability to go forward and be reviewed on the merits of the development itself. MR. BELLOWS: I would just like to point out this is in the urban area and not -- CHAIRWOMAN MAC'KIE: I understand. I don't think that's particularly relevant to the people -- to the critics. COMMISSIONER CONSTANTINE: I think your point was perhaps the editorial staff needs to understand. CHAIRWOMAN MAC'KIE: Exactly. They need to understand that this is not something that because we don't want it anymore we can just arbitrarily say no. It's not our option. I just wanted to make that on the record. COMMISSIONER BERRY: Well, you can talk until you're blue in the face. That's not going to change their opinions, okay? It doesn't make any difference where it's located, how it's located. Forget the rules. If that's their opinion, that's their opinion. COMMISSIONER CONSTANTINE: Don't let the facts -- COMMISSIONER BERRY: Don't let the facts get in the road. CHAIRWOMAN MAC'KIE: Okay. I apologize for the interruption. MR. BELLOWS: No problem. The surrounding projects -- the densities include the World Tennis Center. COMMISSIONER CONSTANTINE: What is the density there? MR. BELLOWS: World Tennis Center is six -- or 4.5 units per acre. The Timberwood PUD just to the south is at six. The Naples Bath and Tennis to the west is 3.3. Kensington is at 1.6. You know, staff has reviewed this petition based on compatibility with those projects. The project is within a density rating band so it's eligible for three additional units per acre. Plus, as you can see on the master plan, this proposed ingress/egress to Pine Ridge Road would give them access to two arterial roads, which would allow them to get another dwelling unit per acre for a total of eight possible units. Page 106 November 9, 1999 As indicated in the executive summary -- COMMISSIONER CONSTANTINE: Just a quick question. What is the busiest intersection in Collier County traffic-wise? MR. BELLOWS: I think it's the Airport/Pine Ridge. COMMISSIONER CONSTANTINE: Thank you very much. MR. BELLOWS: The traffic impact study indicates that the total number of units will not have a significant impact on that intersection, but that's including the proposed improvements to Pine Ridge Road that are scheduled to take place within the next year. As you can see on the master plan, the project has its primary access off of Airport-Pulling Road. It has a 15-foot buffer easement around the perimeter. It has four lakes. The Petitioner also proposes the ability to have an ALF or church as a conditional use. So if those uses are to be constructed, they will have to come back before this Board with the conditional use petition. The maximum height is 40 feet, however, around the boundary with Kensington and World Tennis and Timberwood that's limited to one-story. During the planning commission meeting there was a split -- the vote was five to two to recommend approval of this, subject to limiting the density to six units per acre and giving an additional dwelling unit if they can construct the access to Pine Ridge Road. The two votes in opposition agreed with staff that six units maximum would be compatible with adjacent developments. I received numerous calls in opposition to this requesting a lower density. COMMISSIONER CARTER: My question would be we have an opportunity for two roads here. And we're always confronted with we don't have enough arterials, enough collectors. The only way I'm hearing that I can get my additional road is I have to increase the density? MR. BELLOWS: No. The growth management plan allows for an additional dwelling unit if you have direct access to two arterial roads. The applicant has the advantage to take advantage of this 60-foot wide ingress/egress easement to Pine Ridge Road. They don't have direct access to Pine Ridge Road. Therefore, they wouldn't be qualified for that additional dwelling unit. But since they have reached agreement of the property owner of that easement to provide an access to Pine Ridge Road, they can get that additional dwelling unit or are eligible for that additional dwelling unit. COMMISSIONER CARTER: Well, what if I said I like six units per acre and I want the access road? MR. BELLOWS: That shouldn't be a problem. COMMISSIONER CONSTANTINE: You mentioned you received a number of objections. What were -- what was the substance of those objections? MR. BELLOWS: Several of them were from Kensington. They had concerns, one, about density; two, about the access road to Pine Ridge abutting Kensington, what kind of buffer would be there. The applicant has been working with those residents also to come up with a buffer treatment along that ingress/egress easement. Page 107 November 9, 1999 Many other residents were just primarily concerned about the number of dwelling units of -- residents from the World Tennis Center since their access would line up with the entrance here at the traffic light. They were concerned about the number of dwelling units within this proposed development. COMMISSIONER CONSTANTINE: How many trips per day will these 342 units generate? MR. BELLOWS: I mentioned that in the staff report. 1,951 would come out from a seven unit development. And if it was a six unit it would be 1,640. COMMISSIONER CONSTANTINE: I just -- I have a couple very specific concerns. One is that is the busiest intersection. As you get up to Airport and Pine Ridge it's wild. And I am not sure -- even if we build extra lanes up there, I'm not sure an extra 2,000 cars filling out there is what we're being asked by our public to do. I think that is completely contrary. The number one objection, the number one complaint all five of us get, I think, is roads, is transportation. And putting 2,000 more cars per day at the busiest intersection in my mind is nuts. Do you know what the average -- you mentioned four units -- four areas right around there and their density. Do you know what the average of those is; the six, the 4.5, the 1.67 MR. BELLOWS: Yeah. During the analysis phase -- COMMISSIONER CONSTANTINE: Would 3.86 sound about right? MR. BELLOWS: It sounds about right. COMMISSIONER CONSTANTINE: Just a guess. MR. BELLOWS: I was just saying I'd have to refer back to my notes. That sounds about right. COMMISSIONER CONSTANTINE: I'm just thinking that -- obviously there's a piece of land there and there may be -- you know, there's some appropriate use for that. But what might be more appropriate is finding the average of those areas around there -- directly around there. And 3.86 is that average. So maybe you allow three units an acre or three and a half units per acre or 3.86 units an acre. I think that will be -- one, that will compatible with the surrounding properties. And, two, will have a much lower impact on the transportation situation in what is the worst intersection in Collier County. COMMISSIONER NORRIS: I have a different concern. I spoke to Mr. Passidomo about this when he was in my office. Since I've been on the Board, I've always resisted authorizing an either/or choice of what is going to be built somewhere. And this proposal here says that it's going to be residential units or perhaps an ALF. And I'm not willing to approve something that we don't know what it's going to be in the final iteration. I would ask the Petition to pick one and present it on that basis. But I don't think I can support a choice. COMMISSIONER BERRY: The dwelling units and either a church or assisted living facility. So you want either a church or -- Page 108 November 9, 1999 COMMISSIONER NORRIS: going to be, I don't care. that. I just want them to pick. Whatever it's Just pick it and then we'll talk about CHAIRWOMAN MAC'KIE: Other questions from Board members? If not, we'll hear from the Petitioner. MR. PASSIDOMO: Thank you, Madam Chairman. CHAIRWOMAN MAC'KIE: You're welcome. MR. PASSIDOMO: With your indulgence. Good afternoon, Madam Chairman, members of the commission. My name is John Passidomo. Our firm represents the Petitioner, Marian Gerace. Our project planner made a presentation -- a comprehensive presentation on the planned unit development master plan and our submittal to the planning commission. He is available to respond to any technical questions that you may have. There are, however, some general observations I would like to share with you. And we hope they may be helpful to you in framing the issues before you for consideration this afternoon. I have taken the liberty of displaying an aerial photograph, which may be helpful to all of us in understanding this property, its location and its proximity to an activities center. The Banyan Woods planned unit development is proposed for approximately 48 acres within the residential density band around the Pine Ridge Road/Airport Road activity center. It is adjacent to the activity center for mixed use at the Carillon Shopping Center and is outside the traffic congestion boundary as iljustrated on the County future land use map. Principal public access to the property is provided through a signalized intersection at Airport Road and alternative means of access, as Commissioner Carter has alluded to, are proposed. Banyan Wood was designed to fit into its surroundings by providing a transition between the activities center at Carillon to the north and its 319,000 square feet of retail commercial space and 180 dwelling units approved at a density of 16 units per acre and the residential development of Timberwood and its six units per dwelling unit per acre to the south. There are, however, two modifications to our PUD which we would like to propose to respond to requests made by Commissioner Norris and by our neighbors at Kensington with whom we share a common border to the east. They are, first, the elimination of the adult living facility and nursing home as a conditional use. As suggested during your deliberations, that was proposed as an alternative use. Frankly, if the need materializes for an ALF, we will simply come back to you and request an amendment to the planned unit development document. But, for now, we'd remove it as a proposed conditional use to the project. Secondly -- and I think staff has alluded to this. We propose the construction of an eight-foot concrete component wall along the eastern border of the access easement adjacent to the Kensington subdivision if and when, but only if and when, a certificate of occupancy for the 294th dwelling unit is ever issued at Banyan Woods. Page 109 November 9, 1999 We have made this proposal in response to a request made by our neighbors at Kensington and anticipate that they will look forward to an opportunity of addressing you concerning it later today. We have met with our neighbors and tried to respond constructively to every comment offered and request made. We also believe -- we believe that you may hear from our neighbors across Airport Road at Naples Bath and Tennis Club. Unfortunately, you can't see Naples Bath and Tennis Club on this aerial. It's located across the 150-foot right-of-way at Airport Road, located across the 100-foot canal adjacent to Banyan Woods, and located across another 100 feet of setbacks. There is some 350 feet between Banyan Woods and Naples Bath and Tennis Club. CHAIRWOMAN MAC'KIE: If the camera would switch to the visualizer, I see our staff has just put that drawing on so we can see that. Thank you. MR. PASSIDOMO: Thank you, Madam Chairman. CHAIRWOMAN MAC'KIE: You're welcome. MR. PASSIDOMO: We have met with our neighbors at Naples Bath and Tennis Club and anticipate that you may hear concerns about impacting the use of the traffic signal at Airport Road. And we ask that during those comments you reflect upon the fact that there are some -- make sure I have the number correct -- 516 dwelling units in Naples Bath and Tennis Club. There is an event facility at Naples Bath and Tennis Club. The number of traffic impacted from Naples Bath and Tennis Club will be in excess of 60 percent more than the number impacted at this traffic signalization from Banyan Woods. We hope that we all keep that in mind as you may hear comments about overloading the capacity of a traffic signal, which, frankly, I think everybody will acknowledge generates no more than a handful of users out of Naples Bath and Tennis Club and we'll respectfully submit that will generate no more then 60 percent of a handful out of Banyan Woods. The OR, as staff has indicated, proposed traffic improvements. That is the game plan. That is the comprehensive plan. That is -- are the rules under which we come to you. Not a proposal as we hope it would be, but a proposal as it is. The CIP provides for those improvements to the adjacent right-of-ways and those right-of-ways will be improved to accommodate whatever additional capacity is generated from Banyan Woods. We believe that you will also hear from our neighbors at Kensington and they will support our request for the two proposed modifications to the planned unit development document. We appreciate the courtesy that has been extended to us by our planning staff. We appreciate the recommendation of approval from the planning commission. And we respectfully request your vote of approval subject to the elimination of the ALF as a conditional use and subject to the requirement that if and when we exceed 294 building units we build a wall as and to the extent we have provided in our offer to Kensington. Thank you, Madam Chairman. Page 110 November 9, 1999 CHAIRWOMAN MAC'KIE: Thank you. Are there questions for the Petitioner? COMMISSIONER CARTER: I would like to see you get creative on the -- whether it is the roadway, green way, walkway that runs from the north part of your property to Pine Ridge. There must be something that can be done with this. I just came from Columbia, Maryland and drove that community and saw some really beautiful things. In that they incorporate some short green ways in areas. This could be walking, this could be driving, whatever you want to do with it, but not just another fence and a piece of concrete. I would like to see something done that is aesthetically pleasing and ties that community with an opportunity to walk up to the shopping and do those types of things. MR. PASSIDOMO: Commissioner Carter, is in fact -- I didn't allude to it, but the planned unit development provides for -- and, I think, it's reflected here and certainly reflected on the master plan. There's an interconnect with the Carillon Shopping Center right in the middle of the shopping center by pedestrian and by vehicular access through controlled access means. So what we've tried to do is be responsive to the requests we have heard from the community. We've certainly heard articulated by this commission to provide different means of interconnect to major thoroughfares and means of interconnect to major shopping centers and activity centers. COMMISSIONER CARTER: Let's do an interconnect here and -- CHAIRWOMAN MAC'KIE: I think he's talking about in addition to what you have. COMMISSIONER CARTER: You have walking in there. I am talking about this back here. This is a piece that has an opportunity for enhancement. COMMISSIONER BERRY: Isn't that indicated by that arrow that's on there? That red arrow, Jim. COMMISSIONER CARTER: Not really. Not along the -- it would be the -- let's see if I can get my directions right. Going on the east side of the property. Way to the east side. No, way to the east side as you come up and abut you against Kensington. CHAIRWOMAN MAC'KIE: Top left. COMMISSIONER CARTER: Coming there you have a proposed interconnect that runs from there all the way to Pine Ridge. MR. PASSIDOMO: That's correct. COMMISSIONER CARTER: Okay. That's what I'm saying. Enhance that, do something with it. If it's not a driveway, make it a green way walkway so that it ties the communities together and that it offers an aesthetic buffer between properties and gives some character, if you please, to that whole area. COMMISSIONER BERRY: Excuse me. Mr. Passidomo, where do you have -- where is the food mart, that little produce section located? Can you indicate that; is there any -- MR. PASSIDOMO: Yes, Commissioner. It's right in this area right here. Page 111 November 9, 1999 COMMISSIONER BERRY: Okay. So this is literally in back -- that roadway that you're talking about is right in back of the Carillon Shopping Center? MR. PASSIDOMO: That's correct. COMMISSIONER BERRY: Okay. Which is existing, for the most part now, that takes you out to Pine Ridge Road; is that correct? MR. PASSIDOMO: It is an existing roadway. COMMISSIONER CARTER: It is an existing road. COMMISSIONER BERRY: It is an existing road. COMMISSIONER CARTER: Well, let's keep it that way. MR. PASSIDOMO: And, Mr. Carter, we would be happy to ask our planner to elaborate on the nature and extent of the enhanced landscaping that would be installed in that area, the wall to be installed in that area. It's all part of our submittal. COMMISSIONER CARTER: Okay. MR. PASSIDOMO: If you would like elaboration, we would be happy to provide it. CHAIRWOMAN MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: Commissioner Mac'Kie, at the beginning of the hearing you raised the question and the issue for the public, as much as for anyone, telling people that we're going to completely stop development really isn't an option. There are private property rights. What is an option, however, is deciding what's appropriate use in here. And as we look at your request, it talks about being in a -- within one mile of an activity center and within that one mile they are eligible -- underline eligible -- for three -- a bonus density of three units per acre. If they were not eligible that would be capped at four units per acre. Eligible doesn't mean we are required to do that. It doesn't mean we have to do that in any way. It offers that up. What is interesting -- and it says this in our staff report. But the intent of that eligibility -- this is our own growth management plan -- indicates the intent behind providing a density bonus is to encourage development. Well, I hope nobody on this Board honestly believes that the only way we're going to encourage development at Pine Ridge and Airport Road is to have density bonuses. It is clearly not necessary for the very purpose that's outlined in the growth management plan. And so I think that what's more important there is to look at compatibility. If you look at all the surrounding, 3.86 is pretty close to four units per acre, which would be what was allowed anyway if it wasn't in that density band. So I think there are two things that are very clear. It doesn't require that bonus in order to see development happen up there. We don't need to encourage development. It's going to happen anyway. And, two, I don't think anybody in the public is going to be out there cheering for us to add 2,000 more cars a day to what is our single busiest intersection in Collier County. Page 112 November 9, 1999 So while they may very well have -- it's a good looking development. There may be a requirement or a market for this up in that part of the County. I think seven units an acre or even six units an acre is in excess of what is in the best interest of the County at large and certainly not what is required to encourage development in that area. CHAIRWOMAN MAC'KIE: I will just add my comments to that. That in my amateur observations, this intersection is the best example of why activity centers were a bad idea and concomitantly then -- COMMISSIONER CONSTANTINE: Good word. CHAIRWOMAN MAC'KIE: Good. It means it goes along with that idea. That perhaps the density bonus inside or near an activity center is likewise a bad idea. Commissioner Berry. COMMISSIONER BERRY: I'm not disagreeing with you, but I don't -- I think the public needs to understand what we have in front of us. And I know, Commissioner Constantine, you're trying to make a point, but you didn't finish the sentence. I'm not agreeing that we should increase the density or do anything like that, but let's state what it says here. It says, "The growth management plan indicates that the intent behind providing a density bonus is to encourage development of these urban parcels so you're not forcing development out of the urban area and" -- important word -- "to take advantage of existing public facilities and utilities to the area." In other words, so you're not forcing development into the rural area where you're going to have to provide or be forced to provide water and sewer and all those kinds of services outside of the area. I'm not disputing what you're saying, but you forgot that part of it. And so let's just be honest. I want to make sure we're up-front with the public about what this says here, okay? That was the idea behind the whole thing. I don't disagree with you in terms of numbers because I agree. I'm sorry. I'm one of them like Commissioner Mac'Kie. I'm not sure the activity center is a wonderful idea. And in that particular one, because of the traffic, we had to come back in and fix -- try to fix the problem by adding stoplights to link up what is now known as the Bed, Bath and Beyond area to the northwest corner to the southwest corner with a traffic light. And then, of course, to come back and provide the one from -- I will say where Beall's is over to Carillon. And obviously there is nothing -- there is something on the northeast corner, but you can't connect it up because of Pine Ridge Road. It's -- you know, and you have a canal, et cetera, et cetera. But that's what the situation is we're dealing with. I wanted to be clear. COMMISSIONER CARTER: We have high-end communities here. What everyone needs to understand, myself and the public, is you can create another high-end community here, meaning it's higher priced, versus if you have more units in there there's the potential that you will have more economical units available. However, it causes such congestion problems, as everyone has talked about, but to me it's not worth it. Page 113 November 9, 1999 I would rather see us take compatibility with the area, go for a cap at four units per acre, and create a community that is more compatible with the rest of the surrounding communities. CHAIRWOMAN MAC'KIE: Do we have -- do other Board members have questions for Petitioner or for staff or should we go to public speakers now? COMMISSIONER NORRIS: Just one clarification. Mr. Passidomo, I think it's a little nuance that's different from when we spoke in my office. But you're saying that the road to the north of Pine Ridge is going in at the outset of the project? MR. PASSIDOMO: No, sir. It will be there to provide access for construction vehicles to provide horizontal infrastructure installation. It will otherwise only be installed on a permanent basis if we exceed six units per acre as a recommendation from the planning commission. Madam Chairwoman, if I can respond to some of the comments we heard. CHAIRWOMAN MAC'KIE: Certainly. MR. PASSIDOMO: Unfortunately, the members of the public and those of us who aren't here every day don't know what your rules and regulations are, except to the extent that we can read them in your comprehensive plan. As Commissioner Berry has correctly provided, your comprehensive plan says in order to discourage urban sprawl, development is encouraged adjacent to activity centers. Perhaps an emerging sentiment on the Board of County Commissioners is that that wasn't a good idea. But, frankly, that has not been embodied in your comprehensive plan. Ail we know is what we read. No one is asking for an entitlement. No one is asking for three units an acre as a density bonus. We're simply asking for the base of four. Two, and a recognition that compatibility, compatibility adjacent to a regional shopping center over 300,000 units, 16 units per acre density, and adjacent to it at Timberwood six units an acre. We are simply suggesting that compatibility between sixteen and six, yielding a result of six. It's hard pressed to say that's not compatible. We would welcome -- COMMISSIONER CONSTANTINE: Well, that's great selective mathematics because your other neighbor up there, Kensington, is at 1.6 units per acre. MR. PASSIDOMO: We'd welcome -- COMMISSIONER CONSTANTINE: And if you take all four and do the average, it comes out to 3.86 units per acre. And so when we talk about consistency, I don't think we're talking between sixteen and six. I don't think we're talking about 11 units an acre. As far as -- I understand the frustration if we're all saying, "We're looking at the concept of activity centers." But we're not saying we're going to completely wipe those rules out. I very carefully pointed out it says you're eligible. You're not guaranteed. MR. PASSIDOMO: We're not asking for a guarantee. COMMISSIONER CONSTANTINE: I know. MR. PASSIDOMO: We're not asking for an entitlement. Page 114 November 9, 1999 COMMISSIONER CONSTANTINE: What our role is here on the Board is to make sure we use our best judgment to protect the overall community. And, again, to spill out 1,900 or 2,000 or 1,650 if it's six units per acre is -- 1,650 cars into that intersection I don't think you'll find anyone on this Board that thinks that's in the best interest of the community. MR. PASSIDOMO: Commissioner Constantine, with all due respect, the margin that's at issue before the commission -- I think you would readily acknowledge that you were talking about three or four, even though the base density in your comprehensive plan is four. The margin certainly isn't 1,900. It certainly isn't 1,600. The margin is a matter of hundreds spread over a day. It's not 1,600 or 1,900, with all due respect. CHAIRWOMAN MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: I think this issue comes back, as Commissioner Norris has brought up several times, you have the rules that you have to play with in front of you. If we don't like this in the future, then we need to change it somewhere in our plan. And this I think -- I think we're all getting -- we're coming to this conclusion that we need to change some of these areas. And there's no doubt about it. This is one of the most miserable intersections in Collier County to deal with. I have to drive through it to come down here to this office every day. COMMISSIONER CARTER: That's two of us. COMMISSIONER BERRY: I do it coming here and going home. I don't really have a lot of choice, unless I want to go out to the interstate or go up Santa Barbara and Logan. And that's way out of my road. So I have to go, for the most part, through that intersection. And it's miserable. On the other hand, how do we -- with the rules that we have here, how can we adjust this and yet be fair to the property owner? COMMISSIONER CONSTANTINE: I think the answer is the rules are -- we can consider their request. We don't have to do it. The rules, the way they are written, allow us the flexibility to say, yes, that's in the best interest of the community, or, no, it's not. And I would be awful hard pressed to say it's in the best interest of the community to put six units an acre there. It just isn't. It is still a marketable tract at four units per acre. It's clearly marketable since Kensington is doing it at 1.6 units per acre. You can still find a reasonably priced product. I'm not suggesting you want to do another Kensington. A reasonably priced product at four units an acre. Our worry is to make sure the private property owner gets a fair shake, but not -- it doesn't necessarily have to be the absolute maximum of whatever can possibly be squeezed out of there. CHAIRWOMAN MAC'KIE: The only -- sorry. COMMISSIONER CONSTANTINE: I think our -- in answer to Barb's question, our charge here is to follow the rules, absolutely. But those rules allow us that flexibility to make sure we protect the general public. Page 115 November 9, 1999 CHAIRWOMAN MAC'KIE: My thought though -- I agree with this concept, but I'm not sure what the number is because I know it's not 1.6 because the size of the parcels. You know, the size of the parcel -- this is an example of one of those small pieces of land sort of stuck in the middle of nowhere. I mean, in the middle of everywhere, but that it's hard to imagine what is the appropriate use. And I don't know if it's economically feasible to do a project there at four units an acre. I hope we will get some testimony on that if that's -- COMMISSIONER BERRY: What was the density for World Tennis, which is just south -- COMMISSIONER CARTER: Three point something. COMMISSIONER CONSTANTINE: World Tennis is 4.5. Straight across the street at Naples Bath and Tennis is 3.36. COMMISSIONER BERRY: Right. I got that one. MR. PASSIDOMO: What we're being informed on this, Madam Chairwoman, is that the density averages -- and, frankly, the concern that we have in dealing with averages is you can derive any number you want if you deal with averages. But the density averages that are going into these calculations don't include 16 per unit at Carillon, which, frankly, is the border that is the longest of our four borders. Sixteen units per acre. None of that is going into the calculation. And frankly -- again, we're not asking for an entitlement. We're asking for an allocation of two out of a proposal of three to follow your own comprehensive plan that says to encourage development to discourage urban sprawl. COMMISSIONER CONSTANTINE: In fairness though, I mean, the Governor and Cabinet are taking care of that issue with us right now. We're not going to have urban sprawl screaming beyond 951 if we only allow this to go at four units per acre. MR. PASSIDOMO: In all candor, Commissioner, then amend your comprehensive plan so you're sending clear signals to the public because that is not what your comprehensive plan and the rules and regulations under which we are here say. COMMISSIONER CONSTANTINE: The comprehensive plan allows the option of doing that. And there may still be some activity centers that have less development and less traffic impact than this one where an additional unit or two or three might be appropriate. And that's why that option is still there. But it doesn't say it is appropriate everywhere and will be approved. It allows the Board the option to look at each individual case. And in this case my suggestion is at that intersection it's clearly not appropriate. COMMISSIONER CARTER: I agree. CHAIRWOMAN MAC'KIE: Do you mind if we go to public speakers at this point? MR. FERNANDEZ: If I may, I have a couple brief comments. CHAIRWOMAN MAC'KIE: For the record. Page 116 November 9, 1999 MR. FERNANDEZ: Michael Fernandez for the record, also representing the Petitioner, the project planner. This piece of -- this piece of land is a unique opportunity and it has unique circumstances. It's farm land. Many of the other parcels that you have near activity centers are not. They have wetlands. They have borrow pits. They have other constraints. This project does not. We're very fortunate here to have an opportunity to link up to one of the greatest traffic users around, which is a large shopping center that offers grocery stores and other amenities. It also affords the opportunity to cross the street and go to the other one. That is going to relieve this project of trips. The other issue that I'd ask you to consider is if you add -- if you add into the average the Carillon project, that number goes up appreciably. And what we've done with this project is we have sensitized our design to the neighborhood. We've come back and maintained two stories next to our neighbors to the east and to the south. As evidence of the kind of density that we're really talking about, if any of you have had the opportunity to visit Timberwood. Timberwood, directly south of us, only has six units an acre. It's only one and two-story buildings. We're not talking a huge density here. This project also has a unique opportunity if granted over six units and that is to provide access to both arterials that are nearby. CHAIRWOMAN MAC'KIE: Why can that only happen with six units? MR. FERNANDEZ: The easement that was written is -- becomes effective at the six units. CHAIRWOMAN MAC'KIE: And who has control over that easement; who might we -- MR. FERNANDEZ: That's how the easement was written and that was provided for so that if -- that was the condition upon its acquisition. In other words, it's being purchased. It's a purchased easement for that purpose only. And that was the -- that is how it is related to the design. CHAIRWOMAN MAC'KIE: The question that I have might be a legal one. That is, if we wanted to renegotiate the terms of that easement -- if we wanted to seek to negotiate those terms to reduce that density number, with whom would we negotiate; who has the grantor authority in that easement? MR. FERNANDEZ: I will leave that up to Mr. Passidomo to address. CHAIRWOMAN MAC'KIE: Because I would like to see -- as you said, Commissioner Carter, do we have to go to six to get the connection? I would like to see the connection. MR. FERNANDEZ: Well, the problem there too -- what we're talking about is one-quarter mile of roadway. One-quarter mile of roadway is a very expensive in addition to. And to Mr. Carter's comment, I think his points are well taken. And, quite frankly, it would be undesirable to have a raceway that would go straight -- a quarter mile raceway, which would go from this project out to Pine Ridge. Page 117 November 9, 1999 What we would like to do is do as you had suggested. We can have both a vehicular and a pedestrian way that would connect the project and go up. That's very possible here. But if we do that, what we're looking at is we have connections to shopping. This is a great location for us. If this density is placed elsewhere, the residents actually have further to travel to go to these -- to the movie theater, to the -- CHAIRWOMAN MAC'KIE: Unless this density is placed nowhere. MR. FERNANDEZ: If it's not placed nowhere. But the marketplace is going to accommodate it somewhere. This is perhaps a unique opportunity and a unique place for us to have it here. CHAIRWOMAN MAC'KIE: I understand your point. MR. FERNANDEZ: And, again, as I said, the density when you average Carillon, Kensington, World Tennis Center and Timberwood -- you add those together, what you end up with and you divide is about -- approximately seven units per acre. COMMISSIONER CONSTANTINE: Well, it's a little bit of an unfair thing though because you look at Kensington and you're on 369 acres. If you look at Carillon where you say 16 units, you're on 11 acres. MR. FERNANDEZ: You're absolutely right, Commissioner. And from a planning perspective the way you address that is you look at the rate of impact. Obviously if you had just a small piece of frontage and low density it would skew all the results. If you actually apportion it by the length of frontage, we would actually end up with a higher number, at eight. So what we're requesting is what the planning commissioners recommended, which is six, plus one if the road is put in. Staff has recommended six and we think that those numbers are reasonable. CHAIRWOMAN MAC'KIE: And I am going to pause here because I have just had a request from the court reporter to take a break. So we're going to take a five minute break and be back at quarter 'til. (Recess was taken.) CHAIRWOMAN MAC'KIE: I'll call the meeting back to order now we've had our quick change on our court reporters, and go to public speakers on this petition. Ramiro, could you call the public speakers for us, please? MR. MANALICH: Certainly. The first public speaker is Jay Wolff followed by Dr. Charles, I believe, Zinn. CHAIRWOMAN MAC'KIE: Mr. Preston, could I get you to just move that over? Actually, if you lean it against that little framed area there, it can be picked up by the equipment. MR. WOLFF: Good afternoon, ladies and gentlemen. My name is Jay Wolff. I'm here as a representative of the Commons Board of the Naples Bath and Tennis Community. This is not the Naples Bath and Tennis Club, the recreational tennis club. This is the board of the residential community of 512 dwellings. Before I go any further, I would -- I would like to comment on the altruistic change that the developers have made in their focus here. Suddenly it seems that they're very concerned about making Page 118 November 9, 1999 their project dense enough to protect the rural areas of our county, and I think it's a very altruistic change that they've made. I wonder how many people would be deterred from moving into the rural areas because their project is more dense as to location. But as you very wisely pointed out, these density figures in the code are maximum figures only. These do not imply that this is a proper or desirable level of usage and they're certainly not entitlements. A very wise man who spent his life dealing with numbers once pointed out that the things that we can count in life tend to be the things that don't count for much, and the things that we can't count are the things that count the most. And I would suggest here that the thing that we can't count is the issue of compatibility. How compatible will this project be with its neighbors? It's perfectly reasonable for this board in its discretion to decide to allot a lower level of density for this project if you feel that the interests of the community at large require a lower density. The community I'm talking about is the Airport Road community. It's a residential community running from Golden Gate up to Pine Ridge, and it's a rather attractive residential community. And I would point out that although the developers choose to speak of their northern border, which is the Carillon Shopping Center, their project is bordered on the west by the Bath and Tennis Community, which has a density of 3.3 units per acre. It's bordered on the south by the World Tennis Center, which has the density of only 4.5 units per acre. And its primary border on the east is Kensington, which has a density of 1.6 units per acre. Only a very small part of their eastern border is represented by Timberwood. We feel that a reasonable level of density for this project would be one which reflects its neighbors and which reflects the community that it's in. And, certainly, the staff recommendation of six units per acre was recommended as an absolute maximum. And I think that compatibility, compatibility with its neighbors, and compatibility with the community at large, would mandate a density considerably less than six units per acre. I think that the average of its neighbors is less than four units per acre. Certainly, a four-unit-per-acre density for this project would be much more reasonable. I point out one other thing. The developer mentions the existence of the Carillon density figures as a justification for their density being higher. The Carillon Shopping Center area already has approval for 180 units, which can be put in at any time. This additional density will add that much more traffic to the area. I don't think that that additional density warrants Banyan Woods having a higher density. I think it mandates Banyan Woods having a lower density, because Banyan Woods would be just adding their traffic to the additional traffic that Carillon is certainly going to be producing. So, again, I -- I would suggest that a four-unit-per-acre density for this project is certainly reasonable and compatible with the Page 119 November 9, 1999 surrounding residential communities and certainly is much more desirable for this community as a whole. Thank you. COMMISSIONER CONSTANTINE: Our next speaker? MR. FERNANDEZ: Our next speaker is Dr. Charles Zinn and then Dexter Groose. DR. ZINN: Good afternoon. I'm Dr. Charles Zinn. I live at 5170 Kensington High Street, directly east of this Banyan Woods development. If I could hand -- make a little handout to you? COMMISSIONER CONSTANTINE: If you would hand that to the gentleman right there, he'll bring them up to us. DR. ZINN: Which one is the gentleman? This handout just reiterates the densities of the units surrounding the Banyan Woods new development. Let me make it clear that we at Kensington do not oppose the development of Banyan Woods; however, we are in opposition to the requested density of the area. As you can see from this handout, the figures of which you've already had, but it just reiterates this, that the requested density of six is much higher than those of the communities surrounding the Banyan Woods area. We're also concerned about the increased traffic to the Airport-Pine Ridge area, and as you will note, the 180 units that will be built on -- or that are proposed and have an okay to be built on the 6.23 acres, the Carillon PUD, would certainly increase the traffic considerably. So, in conclusion, we at Kensington would -- would hope that you would consider a lower density than that proposed by the developers. Thank you. MR. FERNANDEZ: The next speaker is Dexter Groose, and then -- no. I'm sorry. That's the final. MR. GROOSE: Good afternoon. My name is Dexter Groose. I live at 5202 Kensington High Street, and I'm secretary of the Kensington Yorktown Villas Association. When this item was heard at the Planning Council, fewer than half of our residents were back, and that may have led to why the Planning Council had supported it. We were not out at that meeting to voice our objection. Kensington -- Yorktown is not in favor of a permanent roadway to connect Banyan Woods with Pine Ridge. We have worked out an agreement with the developer that if he wanted to use that as a temporary roadway while he's putting in his horizontal construction, that that would be okay with us, but we do not want this connector as a permanent roadway. I bought in Yorktown just a year and a half ago, and I had not envisioned to see traffic on the other side of -- across the street from me that would feed a -- a community of perhaps four or 500 residents as the petitioner is requesting. Page 12 0 November 9, 1999 You have before you an analysis that was done of the communities, the greater Carillon Kensington community, which shows all of the -- the communities in -- in this neighborhood. The number was mentioned to you a little while ago, a 3.86 average density. I can tell you I'm a consultant and I deal in economic analyses. That is a false number. If you look at what you have in front of you, the way you calculate density is to take the total units of all five of these developments or take the total -- total units and divide them by the total acres of all five developments. That gives you an average density of 2.8, substantially less than 3.86. We think a -- a project that would be around three or four units per acre would be compatible with the existing community. We see no need to go to six or even more; however, if -- if the commission decides to approve this development for more than six units per acre, against the recommendations of your professional staff, then we ask that -- that this -- that we be protected with a permanent sound barrier on the common property line between the access road and Kensington, as has been offered by the developer, and -- but we think that -- that a density of-- of four units per acre is more in keeping with the existing community, which is at 2.8. If you take them to four, he's at least a third higher than the existing community, and we think that's plenty. Thank you. CHAIRWOMA~ MAC'KIE: Thank you, sir. That was our last public speaker? MR. FERNANDEZ: Last -- that was your last speaker. CHAIRWOMAN MAC'KIE: Then we'll close the public hearing. What's the will of the board? Well, before a motion -- I'm sorry -- I have a question regarding transportation issues. Would that be for you or -- MR. BELLOWS: I can answer traffic impact statement questions. CHAIRWOMAN MAC'KIE: Okay. That's -- that's what I have in mind. When we talk about -- we, as a board, have a feeling that this amount of traffic added to that intersection there could be, frankly, disastrous. A tremendous amount of traffic added there would be terrible, yet in your professional opinion, you have recommended approval with some caveats. Why are we so concerned about the traffic impacts of this project and staff is not? MR. BELLOWS: Well, staff is concerned about -- CHAIRWOMAN MAC'KIE: No. MR. BELLOWS: -- traffic impacts. CHAIRWOMAN MAC'KIE: All right. Let me ask the question a different way. Are we mistaken in our concern that this project may have an inordinate number of traffic impacts? MR. BELLOWS: No, and I think if you look at the staff report, I mention that the project fronts on Airport-Pulling Road, which on the future land use map is a traffic congestion boundary. Page 121 November 9, 1999 This project, normally, since it has direct access to Airport-Pulling Road, would be subject to a reduction of one dwelling unit per acre because it would impact Airport-Pulling Road, a traffic congestion boundary. But the language was recently changed in the Growth Management Plan that since it's technically outside of the boundary, but despite having access to it, we don't substract the dwelling unit anymore. But that was a concern staff had and we put that in the staff report. The Growth Management Plan, the traffic circulating element density policy of 5.1 and 5.2, basically state that if the project exceeds five percent of the level of services in design capacity, that's a significant impact. Even though this technically doesn't meet that five percent based on the dual splits of the roadway coming up Pine Ridge Road with the secondary access road to Pine Ridge, it's still a traffic concern and -- and dealing with compatibility issues. Staff is recommending a lower density, such as six or five. COMMISSIONER CONSTANTINE: Mr. Fernandez, you mentioned before -- Michael Fernandez, you mentioned earlier the -- there was a question about the road connector to Pine Ridge. Is there any like ownership of those properties or any business relationship between the various owners of those properties? MR. FERNANDEZ: There is none, commissioner. COMMISSIONER CONSTANTINE: Well, it was just brought up as though MR. FERNANDEZ: Yes. It's my understanding -- COMMISSIONER CONSTANTINE: -- you thought that was -- MR. FERNANDEZ: Yes, there is. COMMISSIONER CONSTANTINE: Okay. MR. FERNANDEZ: That it's -- COMMISSIONER CONSTANTINE: Well, let me finish the question. Perhaps I misunderstood the point you were trying to make before, but it sounded as though you were implying there might be difficulty acquiring that if you had a lower density. If there's a common ownership, then it really shouldn't be an issue. MR. FERNANDEZ: It's not totally uncommon. There is common ownership, but it's not with all the parties. The way the easement was written in a copy was provided to staff and it is a recorded easement. It was negotiated subject to the understanding that if -- if the cost of the road could be justified, it would be -- then it could be purchased as part of the project. The determination was made to put it there for the 294 units, such that when that -- if we got over six units an acre, that would justify the value of the roadway and could be purchased. And the easement was written so that that's when it becomes activated. COMMISSIONER CONSTANTINE: Can you detail for me the likes or differences in the business? You said, boy, some of the ownership is the same and some aren't? MR. FERNANDEZ: I don't have the specific details. There is more than one parcel involved here that's aggregated, but, no, I can't. I Page 122 November 9, 1999 can't speak to that, but the easement is written in such a way that it doesn't have -- we don't have that flexibility at this time for that purpose. CHAIRWOMAN MAC'KIE: If staff has seen the easement, who's the grantor? Does somebody have a copy of the easement we could see so we can understand from whom we might need to seek or, you know, request a change? COMMISSIONER CONSTANTINE: I'm just a little frustrated because it was presented to us as though that would be a difficult task if it's like ownership and it seems your comments may have been a little MR. FERNANDEZ: Well, the -- COMMISSIONER CONSTANTINE: -- disingenuous. MR. FERNANDEZ: -- the tax in the pot has broke fear that it would only become effectuated with the 294th unit. CHAIRWOMAN MAC'KIE: But we could change that -- MR. FERNANDEZ: It was only -- CHAIRWOMAN MAC'KIE: -- today. We could change that. MR. FERNANDEZ: If -- well, it's not part of the petition. COMMISSIONER BERRY: Madam Chairwoman, I'm wondering -- it seems like we're struggling with this particular issue. If there would be an opportunity to continue this for two weeks and see if they could work out some of these details that we've been talking about up here -- COMMISSIONER CONSTANTINE: I'd be willing to approve it today, four units an acre with two connections. CHAIRWOMAN MAC'KIE: That isn't what I certainly would be willing to do I don't know if the petitioner would withdraw at that point or COMMISSIONER BERRY: Well, that's -- COMMISSIONER NORRIS: There's one way to find out if you made the motion. COMMISSIONER CONSTANTINE: I'll make a motion that we approve the petition at four units per acre with an interconnection between -- or a connection to both Pine Ridge and Airport Road. COMMISSIONER CARTER: I'll second that. CHAIRWOMAN MAC'KIE: And before we vote on this, somebody has got to show me in here this is the easement. I don't see where it says upon a certain number of units. We -- COMMISSIONER NORRIS: The second page. CHAIRWOMAN MAC'KIE: It says it? Somebody know it says -- John, do you know that it says that? MR. PASSIDOMO: It's on the top of the second page, ma'am. CHAIRWOMAN MAC'KIE: Okay. Easement shall not become effective unless and until a building permit is issued for the 294th residential unit. COMMISSIONER NORRIS: That's building permit though, not approved. Page 123 November 9, 1999 CHAIRWOMAN MAC'KIE: Yes, but that -- but this declaration of easement is given from -- just one second here -- is given from Marian H. Garace, which is the exact same name as the applicant -- MR. FERNANDEZ: Yeah. CHAIRWOMAN MAC'KIE: -- here. MR. FERNANDEZ: I think that it's -- it's a -- there's two different trusts, but the question is right now what we have is an easement that was put in there for that purpose with that -- CHAIRWOMAN MAC'KIE: Yeah, but -- MR. FERNANDEZ: -- limitation. CHAIRWOMAN MAC'KIE: -- that could be a cute trick, Michael. I mean, I'm not suggesting that it is, but it could be a cute trick for an applicant to come in here and say, gosh, we'd love to give you that second access, but we can't unless you give us the number of units we want, because, look, we've got this recorded document that says it's only going to happen at X number of units. MR. FERNANDEZ: But that was that -- the justification for the easement is the number of units able to pay for a quarter mile driveway which, of course, is the big difference between amortizing the costs of such improvements over six units or seven units versus doing it over four. CHAIRWOMAN MAC'KIE: But the grantor here -- MR. FERNANDEZ: Yeah. I mean, we've got Timberwood to the south that only has a singular access to Airport that's six units and under. CHAIRWOMAN MAC'KIE: Gosh -- you're distracting us. I'm not going to go there. COMMISSIONER CONSTANTINE: And I just need to know, do you have any idea -- did you have any idea who owned these, because for you to stand there and say they're different entities and we may not be able to do it, and then it turns out we've got the same name appearing on both documents, it sounds as though you're being dishonest in front of the board of commissioners. MR. FERNANDEZ: I can't speak precisely to the ownership of the trust. COMMISSIONER CONSTANTINE: Then you probably shouldn't have spoken on it at all. MR. FERNANDEZ: You're probably right. I agree. CHAIRWOMAN MAC'KIE: I'm -- I'm sorry I got into this center, but now that all of this -- okay. We do have -- we know who the beneficiaries of this trust are because they're required to be disclosed. There's only one beneficiary as showed on Page 26, if I'm reading it right. If the property is in the name of a trustee -- no. There are three. List the name of the beneficiaries; Wallace Lewis, Marian Garace and Lynn Scelfo. The questions is, are they the same beneficiaries who grant -- for whom Miss Garace -- am I saying it right? Garace? MR. FERNANDEZ: The applicant is telling me that, no, it's not. They're not the same beneficiaries. Page 124 November 9, 1999 CHAIRWOMAN MAC'KIE: Well, who's the applicant? Maybe they would want to come to talk to us. COMMISSIONER NORRIS: Apparently they don't want to talk to us. COMMISSIONER CARTER: They can withdraw their -- COMMISSIONER CONSTANTINE: Yeah. We've got a motion on the floor. CHAIRWOMAN MAC'KIE: Okay. Yeah. COMMISSIONER CONSTANTINE: They can withdraw their -- CHAIRWOMAN MAC'KIE: Whomever is going to speak on behalf of the petitioner, there is a motion and a second on the floor that I'm about to call. Before I call that question -- COMMISSIONER BERRY: Marjorie Student, what's your opinion? CHAIRWOMAN MAC'KIE: Miss Student, I am so sorry. MS. STUDENT: Thank you, Commissioner. For the record, Marjorie Student, Assistant County Attorney. Just for purposes of the record, since the motion is for less density, would the motion maker kindly state sort of a recap of the reasons why there -- there would be compatibility traffic concerns or whatever? COMMISSIONER CONSTANTINE: Thank you. They are due to, primarily, compatibility and also taking into consideration the extreme traffic concerns of the Pine Ridge-Airport Road corridor. CHAIRWOMAN MAC'KIE: And now? MR. FERNANDEZ: We'd be in favor of either a continuance or we withdraw the petition. COMMISSIONER CONSTANTINE: I'm not through. I don't have anybody that has a second opinion on it, so -- CHAIRWOMAN MAC'KIE: Is there anyone who would make a Motion to Continue? Is that the appropriate mechanism, Ramiro, for -- does that -- does the petitioner have the option unilaterally -- MR. MANALICH: Well, I think -- CHAIRWOMAN MAC'KIE: -- to continue this? COMMISSIONER CONSTANTINE: No. CHAIRWOMAN MAC'KIE: I don't think so. MR. MANALICH: At this point you have a motion on the floor. Unless that motion is amended, it should be voted upon. CHAIRWOMAN MAC'KIE: Okay. Unless the petition is withdrawn. MR. FERNANDEZ: We would ask that be the case then. CHAIRWOMAN MAC'KIE: So, the petition is withdrawn at this point. COMMISSIONER CONSTANTINE: And withdrawn doesn't mean you can come back two weeks from now or six months -- CHAIRWOMAN MAC'KIE: Or six months. COMMISSIONER CONSTANTINE: -- so you're clear? MR. FERNANDEZ: Go forward? CHAIRWOMAN MAC'KIE: Would you like a few minutes to speak with your -- MR. FERNANDEZ: Would you -- CHAIRWOMAN MAC'KIE: -- client? Page 125 November 9, 1999 MR. FERNANDEZ: -- please? CHAIRWOMAN MAC'KIE: Yes. That would be appropriate. We'll just play the Jeopardy tune up here for a few minutes. COMMISSIONER NORRIS: Let me just make a motion to table and we'll come back to this one. CHAIRWOMAN MAC'KIE: Good idea. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Aye. Opposed? Let's go to the -- we've just tabled your petition. We're going to the next one, the next one being -- COMMISSIONER CONSTANTINE: And we'll come back to that one -- CHAIRWOMAN MAC'KIE: At the end of -- yeah. COMMISSIONER NORRIS: Yes. Item #13A1 RESOLUTION 99-419, RE PETITIOIN CU-99-08, EMILIO J. ROBAU, P.E., OF RWA, INC., REPRESENTING JASSY REAL ESTATE INVESTMENTS, INC., REQUESTING CONDITIONAL USE "17" OF THE "A" ZONING DISTRICT FOR A GOLF COURSE, CONSISTING OF 313.56+/- ACRES - ADOPTED CHAIRWOMAN MAC'KIE: This is the Jassy Real Estate, Inc. Golf Course. Will all persons wishing to be heard on this item, please stand and raise your right hand and be sworn by the court reporter? (The witnesses were first duly sworn by the court reporter.) CHAIRWOMAN MAC'KIE: I have met with the applicant in this matter. COMMISSIONER CARTER: So have I. COMMISSIONER NORRIS: As have I. COMMISSIONER CONSTANTINE: Yep. COMMISSIONER BERRY: As have I. CHAIRWOMAN MAC'KIE: Okay. Should we hear -- would the board like to hear a staff report or do we have questions for staff? This has certainly been a well-publicized item. Would you like to hear this? COMMISSIONER NORRIS: It has, and I think my question really -- and I don't mean to seem flip about this, but I've had the presentation and looked through the staff report, but I just want to MR. REISCHL: I'm sorry. It's hard to hear you, Commissioner. COMMISSIONER NORRIS: I just want to confirm on the record that this petition was filed before June 22nd. MR. REISCHL: It was filed -- Page 126 November 9, 1999 THE COURT REPORTER: Would you identify yourself for the record, please? MR. REISCHL: Fred Reischl, Planning Services. It was filed prior to June 22nd, 1999, and it's therefore consistent with the final order of administration. COMMISSIONER NORRIS: That's -- that's really the only question that I have, because I've looked at all the other -- COMMISSIONER CARTER: And for the record, I would like you to state the current condition of this unimproved land. MR. REISCHL: Current what? I'm sorry. COMMISSIONER CARTER: Condition. Otherwise, what's there, what would it look like when we're done? MR. REISCHL: There are 176.9 acres of golf course and clubhouse when it will be complete. The remainder will be preserved. Right now it is a mixture of forested land and forested in semi forested pasture as well as clear pasture. COMMISSIONER CARTER: It is my understanding that forested land today is full of Melaleuca, pepper and things that the developer is willing to take out to make this a more habitable piece of property. MR. REISCHL: There's a good portion of exotic infested land, yes. COMMISSIONER CARTER: And left as it is, it would not be a good place for wildlife to survive or even procreate or do whatever wildlife would like to do amongst pepper trees and Melaleucas. COMMISSIONER CONSTANTINE: Hey, hey, this is a children's show. COMMISSIONER BERRY: It sounds like a wild thing to me. CHAIRWOMAN MAC'KIE: I have a question. I'm sorry. Did you get an answer? COMMISSIONER CARTER: No. Well, I mean, environmentally, it's not in good shape is my point. When it's finished, it will be a more environmentally appropriate, if I may use the term, piece of property than it currently is today. CHAIRWOMAN MAC'KIE: And my -- MR. REISCHL: That's staff's opinion. CHAIRWOMAN MAC'KIE: And my question for staff, we set the parameters appropriately by saying that this is a petition that is available for our consideration because it was filed prior to the entering of the order from the Governor and cabinet. MR. REISCHL: Correct. In approximately two months. It wasn't even a close call. CHAIRWOMAN MAC'KIE: Therefore, it has the status that it would have had if we had never had an order from the Governor and cabinet, and that status is it is an application for conditional use. It's not an entitlement of any kind. It is merely an application for conditional use, that if it is -- if it does meet the criteria for approval of a conditional use, it's entitled to be approved. But it is not a permitted use. It's not a use of right as of the -- prior to the -- I'm sorry -- to Judge Meale's order to -- MR. REISCHL: Right. That's correct. Page 127 November 9, 1999 CHAIRWOMAN MAC'KIE: So, it's important that we look at this as if it's purely a conditional use. We look to see does it comply? Commissioner Berry. COMMISSIONER BERRY: Here we go again on the roads. My concern is Sabal Palm Road and the condition of that road at the current time and what exactly is going to happen if this is approved, what's going to happen to that roadway, what are the future plans for that roadway to accommodate, because for somebody to say that there's not going to be a lot of traffic, that's wrong. COMMISSIONER CONSTANTINE: The irony -- COMMISSIONER BERRY: And I know there are orange groves out there right now, and that obviously draws traffic. There's no question about that. There's numerous other things out there, but at the same time, if you -- if we are going to grant a conditional use, we are saying then that there's infrastructure that's capable of handling that use. And my concern is, what are we going to address that because that road in my humble opinion -- maybe Mr. Kant or, Fred, you can speak to this, either one. Let's talk about that road just a little bit before we go off on this conditional use. COMMISSIONER CONSTANTINE: Yeah. I was just going to say the irony is, in the last ten years the number of property owners out there have made an effort to deal with -- COMMISSIONER BERRY: That's right. COMMISSIONER CONSTANTINE: -- and the state has fought that and -- but I'd hate to have somebody who's been penalized by the state get further penalized. COMMISSIONER BERRY: Yep. MR. REISCHL: If you can look at the visualizer, you can see County Barn Road. Approximately the first mile is county and beyond County Barn -- CHAIRWOMAN MAC'KIE: Sabal Palm. COMMISSIONER BERRY: Sabal Palm. MR. REISCHL: Thank you. Sabal Palm Road. COMMISSIONER BERRY: It's all right. MR. REISCHL: And beyond that is private. The petitioner would have to bring the unimproved portion of Sabal Palm Road up to county standards at the Environmental Advisory Council meeting. A representative of South Florida Water Management District stated that this was not unpermittable, but that they would have to go through the permitting process to improve the road. CHAIRWOMAN MAC'KIE: A couple of other just framework questions from me that I know the answers to, but what portion of this property is within the CREW acquisition? COMMISSIONER NORRIS: CREW? CHAIRWOMAN MAC'KIE: Uh-huh. MR. REISCHL: The area that is within the CREW acquisition area, which is a willing seller -- CHAIRWOMAN MAC'KIE: CARL, I think, is what we mean to be saying. Page 128 November 9, 1999 COMMISSIONER CONSTANTINE: Thank you. There's no way any of this is in -- CHAIRWOMAN MAC'KIE: Sorry. MR. REISCHL: I apologize for my second misspeaking there. It's within the CARL -- CHAIRWOMAN MAC'KIE: Allegedly. MR. REISCHL: -- project acquisition area, which is a willing seller program. In fact this parcel is bordered on two sides by state owned land. As part of the notification process, we sent notification to DNR in Tallahassee. This morning I spoke with Sonja Durrwachter of the forestry division. She said Tallahassee never notified her of this project. Apparently notification has come through us at the county. She was happy that we notified her. She had some concerns mostly with berm that the Water Management District requires. If I can -- CHAIRWOMAN MAC'KIE: I'm sorry, but the answer to my question is this is 100 percent within the CARL boundaries? MR. REISCHL: No. CHAIRWOMAN MAC'KIE: I didn't think so. MR. REISCHL: All right. CHAIRWOMAN MAC'KIE: I thought only part of it was. Wow! Okay. COMMISSIONER CONSTANTINE: I'm just making sure I heard right. That's a willing seller. MR. REISCHL: Willing seller. COMMISSIONER CONSTANTINE: So, if you're not willing to sell, it really is a moot point. CHAIRWOMAN MAC'KIE: Well, it's a moot point, but for -- it certainly is moot as to whether or not it will be acquired by the state, but it is relevant in identifying whether or not a piece of property is environmentally significant, because it is significant enough to the state, that the state has said we wish we could acquire it, but the state has not said we're going to take it from you. COMMISSIONER BERRY: I'll bet they could acquire it if they'd step up to the plate and pay the toll. COMMISSIONER CONSTANTINE: That's the bottom line. If it's environmentally significant, and some governmental entity wants to pay for it, Commissioner Berry is right, but we can't say, no, it's too significant to use, but tough luck. Nobody's going to pay for it either. CHAIRWOMAN MAC'KIE: It's been -- it's nevertheless information. MR. REISCHL: And also you can see the proposed Natural Resource Protection Area, the property was excluded from that. CHAIRWOMAN MAC'KIE: Is that excluded from the staff's proposed or from the board's adopted NRPA? MR. REISCHL: I believe -- this is just obtained from Mr. Lorenz, I believe, it's where it's adopted. CHAIRWOMAN MAC'KIE: Okay. And as the -- the staff proposed, I guess Mr. Lorenz could tell us, was any of this property recommended for inclusion in Natural Resource Protection Area? Page 129 November 9, 1999 MR. LORENZ: For the record, Bill Lorenz, Natural Resource director. The staff recommended that this property be excluded from the NRPA designation. Since the final order had excluded it from -- from the consideration as a result of its -- its timing status. CHAIRWOMAN MAC'KIE: Oh, but -- but regard -- if -- but for that exception, because it had filed early, would it have been included in your -- MR. LORENZ: We would -- we would have included it in the NRPA if it had not had that -- that filing status. CHAIRWOMAN MAC'KIE: Okay. And, again, none of that's conclusive. It's just information. I appreciate it. Did we have more questions for staff or shall we go to the petitioner? COMMISSIONER CARTER: Let's go to the petitioner. CHAIRWOMAN MAC'KIE: Mr. Yovanovich. MR. YOVAi~OVICH: Good afternoon, commissioners. For the record, Rich Yovanovich with the law firm of Goodlette, Coleman and Johnson representing the petitioner. I have available for you and -- and two experts who will be making a brief presentation, hopefully, to address some of your concerns regarding water management issues, environmental issues and other issues. Ken Passarella, who prepared the environmental impact statement is here. He's testified before you in the past, and I think you all would acknowledge he's an expert in that area. And also Emilio Robau was the engineer for the project, and he has testified before you in the past, and I think you'd also acknowledge that he's an expert in -- in project planning, in engineering related projects. Commissioner Mac'Kie, you were right. Today before you is a conditional use application for an 18-hole golf course. We could have, as a matter of right, gone forward with a residential golf course community, but chose not to build the residential units and only build the -- the golf course; therefore, we had to come to you for a conditional use. CHAIRWOMAN MAC'KIE: Rich -- I'm sorry -- if you wanted to you could have platted a golf course here, and if you had houses with it? Is that your point? MR. YOVANOVICH: Right. It would have been an accessory use to the -- to the residence -- to the residences but we chose to go with just the golf courses, a limited use, and avoid any issue as to whether or not residential, 63 residential units, would support a golf course, so we went with the golf course. MR. REISCHL: If I could just interject into that, that would be prior to June 22nd. MR. YOVANOVICH: June 20 -- correct. Right. CHAIRWOMAN MAC'KIE: Which they were. MR. YOVANOVICH: Correct. CHAIRWOMAN MAC'KIE: Thank you. Page 130 November 9, 1999 MR. YOVANOVICH: Two months ahead of time. And, again, this is one of those petitions that the Department of Community Affairs reviewed before they agreed to the June 22nd moratorium date. The intervenors also agreed to this application going forward on the current standards. COMMISSIONER CONSTANTINE: So, this will not be a surprise or a shock to DCF. They knew this months ago. MR. YOVANOVICH: Yeah. We go through the existing criteria. I'm not saying they agreed to the project, but they agreed to the rules by which this project would be judged. The staff report is pretty thorough and explains our project and -- and we'll go through in greater detail. We basically have a 313 unit -- 313-acre piece of property. I just wanted to correct one thing that Fred said. We are actually only impacting 136 of the acres, and 176 of the acres will be in preserve, so we are -- we are impacting less than 50 percent of the site. And -- and also I want to point out that this project goes above and beyond what -- the county requirements currently in effect. We will impact, like I said, less than 50 percent of the site. We will maintain -- we will retain over 70 percent of the existing vegetation on site. Your current requirement is 15 percent. As we get into the details of the project, we will show you how we are able to maintain the natural flowway in the area. Water management issues will be addressed by Emilio Robau. Staff has explained in their staff report that we are compatible with the surrounding uses. Ken Passarella will get into you -- into a little bit greater detail the point that Commissioner Carter was making, that we will be required to clear the preserve areas of exotics and maintain those areas, so we're actually improving the environment and, essentially, the state is getting a preserve area without our having to pay for it and the maintenance obligation will be retained with us. It will be retained by the property owner, and I believe we all know how well the state has been clearing state lands of -- of exotics and maintaining those areas. So, I would submit to you that our project is a -- goes well above and beyond what is required. It should serve as a model project for projects in this area, in this part of the rural fringe. I'd like to briefly go through some of the highlights of what was in the proposed DCA settlement agreement of March 19th, and I'd -- and I'd like to point out that we basically meet all of the criteria in that settlement agreement other than the two for one exotic -- you know, mitigation aspect. CHAIRWOMAN MAC'KIE: Could I just say -- because that could be real important to me. What -- what you're going to tell us, what we referred to as the conservancy standards for construction of golf courses within the fringe -- MR. YOVANOVICH: Correct. Page 131 November 9, 1999 CHAIRWOMAN MAC'KIE: -- you're going to say that this project meets all of them but one? MR. YOVANOVICH: It meets the 50 percent set aside. We were basically going to improve wildlife corridors. All of our impacts are steered away from the better wetlands on our property. The historical flowway for the unimpacted areas will be maintained and the preserve areas will be in a conservation area. And I would submit to you those were the major concerns in the conservancy's criteria in the settlement agreement. CHAIRWOMAN MAC'KIE: You haven't by any chance had anybody from the conservancy look at this plan and having -- MR. YOVANOVICH: Have not. Have not. I -- I simply went back and looked at what was in the record and comparing what was in the record with what our project is -- is doing. Your environmental staff has recommended approval of this project. Your planning staff has recommended approval of this project. I think you would acknowledge that they are experts in their field. You will hear from all of the experts that this project exceeds the county requirements that should be approved and, therefore, we believe that the evidence will show that this project is -- is entitled to an approval because we have met the conditional use criteria, we have met the existing growth management plan criteria, and unless you have any specific questions of me, I'd like to hand it over to Ken Passarella to take you through the environmental impacts of this project. CHAIRWOMAN MAC'KIE: I'd like to hear that, but before we get there, is there -- I'm sorry. I don't see it, but is there somewhere in my packet that tells me that environmental staff has recommended approval? MR. YOVANOVICH: Well, I don't know if it's -- I can give you a copy of the -- the staff report, the EAC, if you need that. CHAIRWOMAN MAC'KIE: Yeah. I don't think I do have that. Just while your expert is coming up, if somebody could -- when I see the EAC recommendation and it's -- it's a recommendation of denial MR. YOVANOVICH: Well, I'll -- I'll read for you, for the record, and I'll happy to submit my copy. It says, staff recommends approval of conditional use Petition CU99-08 Sabal Palm golf course with the following stipulations, and there are the typical water management review. CHAIRWOMAN MAC'KIE: Is that environmental staff? MR. YOVANOVICH: Yes. CHAIRWOMAN MAC'KIE: Or is that planning staff? MR. YOVANOVICH: Both. Your environmental staff and then with your application -- your -- your staff report to the CCPC. They both recommended approval. CHAIRWOMAN MAC'KIE: Okay. MR. YOVANOVICH: Is that correct? Page 132 November 9, 1999 MR. REISCHL: That's correct. I have the Environmental Advisory Council's staff report. CHAIRWOMAN MAC'KIE: And I'd like to look at that while he's talking, if you don't mind. And you were going to bring up an expert. MR. YOVANOVICH: Yes. CHAIRWOMAN MAC'KIE: Could these in the future be included in our packets, Vince? MR. CAUTERO: Yes. CHAIRWOMAN MAC'KIE: Thank you. MR. PASSARELLA: Good afternoon. For the record I'm Ken Passarella with Passarella and Associates. I'm an ecologist. And I'd like to talk about the environmental aspects of the project. First of all, I'd like to direct your attention to the aerial photograph behind me here. And, as you can see, the property is bounded by undeveloped land to the east, undeveloped land to the north. There is -- off to the west, there is scattered residential area. To the south, we have citrus and some undeveloped land in that area with Sabal Palm Road running along the south boundary. With respect to the types of vegetation, the type of habitats that are on the property, there are some significant areas on the property as far as overall land uses. One of the main land uses on the property is currently an agricultural field; i.e., an area that's been used for cattle grazing -- that has been approved for cattle grazing that has been used for cattle. That area shows up on the aerial; that is, this large area in this area right here. To the east of that, we have undeveloped land forested areas that includes both uplands and wetlands. If I can direct your attention to the colored map on the wall over here, the white areas show up as the upland areas on this map, this large reddish orange area here. CHAIRWOMAN MAC'KIE: The other one, Katie. Sorry. She's just getting in on the visualizer. MR. PASSARELLA: Okay. CHAIRWOMAN MAC'KIE: There you go. MR. PASSARELLA: All right. The large orange, reddish area up here is the -- is the ag field, and this -- the majority of this ag field was claimed as jurisdictional wetlands by the environmental agencies. CHAIRWOMAN MAC'KIE: The majority of the red was claimed? MR. PASSARELLA: Yes. The red areas represent the ag fields that are claimed as jurisdictional wetlands by the agencies. The map itself shows what -- what I would consider extremely low quality wetlands shown in red. The moderate quality wetlands shown in yellow, those moderate quality wetlands, are the areas where we have Melaleuca and Brazilian Pepper infestations occurring in the -- in the wetland habitats. Page 133 November 9, 1999 The green areas shown up in these areas here are the areas where we have the higher quality wetlands where we don't have the Melaleuca infestation, the Brazilian Pepper infestation. If you look at the design of the golf course, what we did was we focused the golf course within the areas of extremely low quality wetlands as well as the upland areas to avoid wetland impacts. And if you look at the golf course, you can see that the majority of the golf course here is located within the existing pasture area, and as we move over into this area, we utilize the upland area here for golf course, and then we tried to connect up to the uplands on around, and then the same over here. What we did with the design of the golf course was stay out of these green areas as much as possible, which are the -- the higher quality wetlands on the property. If you look -- take a look at the numbers, we have a total of 83.3 acres of wetland impacts. We have a total of 162 acres of wetland preserve. So, we're preserving roughly 66 percent of the wetlands. But if you look at the actual wetland impacts and you break them down by wetland type, roughly 69 or 70 percent of the wetland impacts are associated with this ag field here. So, if you take a look at the quality of the wetland impacts, 70 percent of the wetland impacts are associated with extremely low quality type wetlands. And then, conversely, if you look at what we're preserving, the majority of what we're preserving is the high quality wetlands. We're preserving 105 acres of the high quality wetlands on the site as well as 59 acres of the Melaleucan infested wetlands, which we will be cleaning up through an enhancement program such as exotic removal and perp -- and maintenance and perpetuity of those areas. So, as Rich mentioned earlier, the total preserve on the site is 176.9 acres or 56 percent of the site. More importantly, if you look at the actual numbers there, that 75 percent of the existing native vegetation on the property will be preserved as the result of this project. CHAIRWOMAN MAC'KIE: That's not a thrilling thing because 75 percent of nothing is still -- I mean, you know, it's not a lot of native vegetation on the site. MR. PASSARELLA: Right. CHAIRWOMAN MAC'KIE: Big deal. MR. PASSARELLA: But what we will be doing is moving all the exotics and -- and maintaining those areas for wildlife habitat. So, that's -- that's one thing to keep in mind. The other thing is part of this program, as Rich mentioned, that we will be placing all wetland preserves in the preserve areas within a conservation easement that will be a conservation easement in perpetuity so that it has land that does not have to be purchased or bought by the state, but will be set aside voluntarily as part of the development of the property. Page 134 November 9, 1999 The other thing I'd just like to mention quickly, and I'll turn it over to Emilio Robau, is that the wildlife improvements that will be made as a result of the removal of the exotics on the property. So, again, these areas up in here where we have a lot of exotics moving in and these areas over here, those areas the exotics will be hand removed, the native vegetation allowed to grow, and we'll maintain those in perpetuity. CHAIRWOMAN MAC'KIE: Who has the maintenance south of that obligation there? MR. PASSARELLA: The property owner does. CHAIRWOMAN MAC'KIE: So, the golf course will continue to maintain the exotic infestation? MR. PASSARELLA: As part of the permitting process with the South Florida Water Management District and the U.S. Army Corps of Engineers, we will be making that commitment. And we will be required to make that commitment. CHAIRWOMAN MAC'KIE: And would you say -- well, can you show me where the berms are going to be? I'm worried about interconnected waterflow. And I'm worried about wildlife corridors -- MR. PASSARELLA: Okay. CHAIRWOMAN MAC'KIE: -- whether or not you've created them or diminished them. MR. PASSARELLA: I'll take the second part of that question and I'll leave the first part of that question to Emilio Robau, who's the project engineer. But with respect to wildlife corridors, the golf course itself will not prevent the crossing of the property by any type of -- of wildlife. Large mammals such as panthers and bears can still cross this property after construction of the golf course. There will be no lighting out in these areas that would do anything to upset the patterns of any kind of wildlife that move across that area. There's not going to be any fencing that would prohibit large mammals from crossing that property. So, as far as wildlife corridors, the projects would not do anything to affect that issue. CHAIRWOMAN MAC'KIE: And -- and from the birds and other perspective, I can't see how there could be anything but positive impact. MR. PASSARELLA: Yeah. The one thing we will be doing with respect to wading birds and stuff like that -- with wildlife such as wading birds, is that one of the things that doesn't currently exist on the property is open water habitat. One of the things we will be creating are -- are lakes with literal shelves around them so there will be additional wading areas or -- or feeding areas for wading birds. CHAIRWOMAN MAC'KIE: Okay. Thank you. Other questions for this consultant? No. We'll hear from Emilio. Page 135 November 9, 1999 MR. REISCHL: Madam Chairman, while Mr. Robau is coming up, the chairman of EAC asked me to read into the record their reasons for denial. CHAIRWOMAN MAC'KIE: I was going to ask you to do that at some point. Maybe you can go ahead now. MR. REISCHL: Okay. They recommended denial based on that the project is within the CARL acquisition area, that the lands -- that the golf course is not compatible with the surrounding uses, that the area is documented panther habitat and that the project access from Sabal Palm Road, which was investigated by South Florida Water Management District for alleged filling violations, is in question. CHAIRWOMAN MAC'KIE: In the -- in the future, could I ask, in addition to giving us the staff report that goes to EAC, if you could give us the reasons for their recommended denial or approval in the staff report? MR. REISCHL: Yes. CHAIRWOMAN MAC'KIE: That would be useful, too. MR. REISCHL: That's in the executive summary. COMMISSIONER CONSTANTINE: And I appreciate those as well but, I mean, on the -- the issue of animal habitat and the panther and all that was just answered, as far as CARL, again it's a willing seller program, and to suggest that we're not going to allow them to use their property even though they're not a willing seller, I think, is akin to a taking. You can't tell somebody, well, we're not going to buy it, but you can't use it. So, I -- I don't know that I hear a reason in there that would be upheld legally anyway. I understand the concerns, but I don't think it would -- would hold up if someone were to pursue that. MR. LORENZ: There was a six to three vote, so it wasn't unanimous. CHAIRWOMAN MAC'KIE: Okay. Yes, sir. MR. ROBAU: Good afternoon. For the record, my name is Emilio Robau and I'm representing the petitioner today. My firm is RWA, and I'd like to really answer a couple of questions that, unfortunately with the documentation we submitted, should have been answered and haven't yet. Number one is the -- really, the pass through of flow from north to south on this property. I'm not -- to be honest with you, I'm not giving anything up for the petitioner to tell you we have to do that as part of South Florida Water Management District permitting anyways. And I'd like to show you exactly where that's occurred and give you a number of culverts that we would have to place. We'd put a stipulation on -- on the approval to be sure that happens, but we're going to have to do as far as South Florida Water Management District's concerned anyways. I'll get to that in one minute. The other thing is, is there's a misconception out here that there's going to be a berm brutally placed across the wetlands at the property line and that's not the case. Page 136 November 9, 1999 Again, a reasonable design would not dictate that you have to do that. And I'm going to use the pointer over here and show you where the -- where these things are going to occur. The majority -- CHAIRWOMAN MAC'KIE: Excuse me. We're going back to the -- go to the camera, Katie. MR. ROBAU: Excuse me. Sorry. There we go. As Ken has indicated, we've gone through a great effort to avoid and minimize the valuable wetland impacts that we have out here, and -- and what we did is over here on this piece of the property here -- CHAIRWOMAN MAC'KIE: Uh-huh. MR. ROBAU: -- is the majority of the impact. On the north side of this, we are going to have a berm. We have to isolate the golf course and potential pollutants and contaminants that might get in the state waters and do some pretreatment prior to discharge in the state waters. But what we're not going to have is on this north side here, we're not going to have a berm that completely isolates this entire piece of property over here like this and like this. CHAIRWOMAN MAC'KIE: Where is it going to be? MR. ROBAU: Where -- what we're going to do is we -- we have to have a berm over here that really is on the perimeter of the developed portion of the golf course. The impacted area, we have to have a berm there. It has to detain the water. It has to do water quality treatment. And then what we're going to do, and this is what the stipulation I'd indicated we'd be willing to agree to, is it should have been shown on the drainage plans. You have to have a culvert here, here, here and here to really assure that the sheet flows that are coming from the north come across, get into this wetland over here and then discharge to the south, and it's really -- can easily be done with spreader swales and a reasonably sized culvert. The only reason we would place a berm on the north side, and I've done that before in other projects, is because the district wants us to do that in order to elevate the water tables in those preserves. They get -- I don't think there's any indication they're going to ask us to do that on this, but essentially what you're going to see is you're going to see the developed portions of this course isolated by a berm. It's not going to go on the property line severing this. It's going to go around here. We're going to do pretreatment and then we're going to discharge into these preserve areas after we do the pretreatment. They can be considered off-site from the water management standpoint. And then we're going to go ahead and put the cross culverts in here. This is part of the Water Management District permitting requirement anyways, to just let the sheet flow come across from the north, go through the internal parts of this project and then discharge to the south. Page 137 November 9, 1999 CHAIRWOMAN MAC'KIE: Okay. It won't be a sheet flow at that point, of course. It will be a point discharge that goes through the culverts, so how is that addressed? MR. ROBAU: What happens is you typically in these types of systems, and this will be worked out in the permitting, you're correct, it's -- it's sheet flow condensed to a point resheet flowed it on -- on the downstream side of it. So, what we'd likely have is a spreader swale in here directing water to this point, go across and then in another spreader swale on the south side here -- and these details have to be worked out in the Water Management District permitting. They wouldn't just allow a -- a culvert there. I mean, we'll have to have a spreader swale both upstream and a spreader swale berm both downstream that tries to emulate the natural sheet flow out here. And water just doesn't get here very quickly. It gradually builds, and so there -- it's not a situation where we have a torrent of water coming down, so spreader swales, culvert spreader swales on the upstream-downstream side usually work quite well. So, I hope that it alleviates some of the concerns that we've had from the adjacent property forestry service. I know some of the people who have come in adversely here have had that concern and it's not a brutal berm across the property lines. It's essentially isolating our development, treating the water and allowing for a pass through. And this will all be negotiated and finalized during the Water Management District permitting. With respect to Sabal Palm -- I'd like to switch. Would that answer your concerns and questions -- CHAIRWOMAN MAC'KIE: It answers mine. MR. ROBAU: -- regarding that? Something that has to be done as part of the Water Management District permitting. With respect to the roadway itself, Mr. Sleeth, one of the property owners, has taken some photographs. And what I'd like to just show here is a couple of things. Sheet flow is also concerned in traversing the road, just keeping on that topic, as part of paving this existing road, which, by the way, is 35 feet wide or so, which is what you have lime rock out there right now. We would -- we would reduce that with the 24 feet, standard paved section, slotted shoulders, swale in the upstream side, swale in the downstream side. This alleviates sediment transport. Right now if it rains hard, you can get dirt, lime rock, fines to go into the wetlands on the downstream side, so we're actually improving the condition of water quality and we're going to have to do water equipment treatment anyways. And I would submit that the impervious surfaces with the appropriate water quality treatment is a vast improvement over -- over what we have here from the standpoint of just sediment transport. When -- when it rains, the dirt goes downstream. The other thing that I'd like to point out in this -- in this photograph here is that the road is in fairly good shape. And it is only a half a mile from -- this is about where our project entrance is Page 138 November 9, 1999 to -- to over there, which -- which is essentially where the pavement is, and now we can't -- don't get a good shot of that. But you can see this isn't a hunting trail through the woods that we're trying to improve. This is used by a lot of the existing residents that are out to the east and it would benefit them. It would also benefit the -- the agricultural operation across the street that sells fresh fruit essentially. So, you have a lot of traffic traversing this anyways in addition to the seven hundred and some odd trips that we're going to produce daily for the golf course. So, this is improving, I think environmentally improving, a situation that's undesirable and giving you a more safe access to a couple of, you know, uses that are out there right now, the golf course, citrus field and whatever residents are out there. So, this is vastly different from what Collier County has tried to do over the past, I don't know, ten years or so in trying to pave 6.75, I think, miles of -- of roadway out there. And the first half mile of this, after the pavement is -- probably traverses some of the more exotic polluted wetlands for -- for lack of a better term. So, with that, I just wanted to iljustrate again the access again. We are going to be putting culverts underneath this road, which some of -- they're not. I've traveled this area quite a bit and I've worked on a couple of projects in there and we're going to be improving water quality from the standpoint of sediment transport. Utilities, just to cover the whole gambit, we're going to produce about 4500 gallons per day of sewage and water on the demand side, and that's going to be treated in a septic system and a drainfield type situation. It's not a huge flow. It really isn't in the scheme of things. These are fairly low flows. And the water, consumptive water use, we expect about 400,000 gallons per day, which is your typical golf course type of usage. I'm sure that because of the way the district is right now, that all conservation measures will be taken where appropriate. They make you do that anyways. So, that's something that's going to occur on the property. And with that, I think I've covered just about everything that I need to at this point and I'm open here for questions. Thank you very much. CHAIRWOMAN MAC'KIE: I have a question for the lawyer about the -- the EAC's. One of their reasons for recommendation is that there's some illegal filling on the access road. I don't know what that issue is or what its relevance is. MR. YOVANOVICH: That's merely an allegation. I can -- commissioner, I -- I -- I have not researched that issue. Tim Ferguson, who was involved in that issue, has provided an affidavit, if you would like to see his affidavit, okay. But as far as that goes, as far as I know, this road is permitable. We will have to meet the Water Management District's requirements. Page 139 November 9, 1999 CHAIRWOMAN MAC'KIE: And, so, whether it's been artificially filled or not is something that you'll have to deal with the Water Management District. MR. ROBAU: We'll have to deal with the district at that point. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: And reality is that the Water Management could turn this whole thing down -- CHAIRWOMAN MAC'KIE: Right. COMMISSIONER BERRY: -- correct? CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER BERRY: I mean, that's not -- it's probably maybe not reality, but there is that possibility that they could look at a number of factors and say, you can't do this. CHAIRWOMAN MAC'KIE: The way they usually do that, the way they usually accomplish that is more to say, you can do this, sure, if you go buy five zillion other acres somewhere else for mitigation offsite, and then it makes it economically impossible. MR. ROBAU: Just for the record, Emilio Robau again. You're absolutely correct. I -- I really could not find any technical reason that they would deny our permit water quality, water quantity, et cetera. We have the room and the right-of-way. We have the room in the golf course development area. But you're -- you're correct. It's the mitigation costs that -- that they lean on, especially cumulative and, secondary, which are very, very, difficult to quantify. CHAIRWOMAN MAC'KIE: So, let's go to public speakers unless there are other questions? MR. FERNANDEZ: The first speaker is Nancy Payton and then Kenneth Sleeth. CHAIRWOMAN MAC'KIE: Who are the first two; Nancy Payton and -- MR. FERNANDEZ: Kenneth Sleeth. CHAIRWOMAN MAC'KIE: And after that, how many? MR. FERNANDEZ: Two more. CHAIRWOMA~ MAC'KIE: Okay. Thank you. Miss Payton, good afternoon. MS. PAYTON: Good afternoon. Nancy Payton, representing the Florida Wildlife Federation. I have a prepared statement, but first I'd like to make some comments on testimony that was just given. Mr. Yovanovich implied that DCA had seen this particular golf course proposal prior to June 22nd. You're shaking your head. CHAIRWOMAN MAC'KIE: See, I thought just the opposite. I thought he made it perfectly clear that all DCA had done, which I appreciated at the time, because he made it clear DCA hadn't seen this, they haven't approved this project. They have merely approved the rules under which it would be reviewed, I think, is what he said. COMMISSIONER BERRY: That's what he said. CHAIRWOMAN MAC'KIE: So, I respectfully -- MS. PAYTON: Thank you. CHAIRWOMAN MAC'KIE: -- disagree. Page 140 November 9, 1999 MS. PAYTON: Well, I tell you that I did send up his comments to the Planning Commission. I went and got the -- the transcript where he made similar statements and sent it to DCA's attorney, Shaw Spiller, said, is this true. And Shaw Spiller's reply was, no, he had not seen anything relating to this particular golf course and had seen nothing until after June 22nd. So, whatever your point. The March 19th settlement, there was no March 19th settlement, and the four areas that DCA continued to have problems and were evident in our final order, were wetland and wildlife issues plus NRPA's in southern Golden Gate Estates. And I also remind you that DCA rejected the Conservancy's 50 percent criteria under the same grounds that they rejected the 25 percent, whatever the percentage was, that the Rural Fringe committee carried up to DCA, because there was not any data or analysis that supported that percentage. It was arbitrary. Then I'll go into my comments. Sabal Palm golf course is within the Belle Meade-CARL acquisition area. Belle Meade is being purchased for its hydrological values. It's being purchased to protect populations of rare animals and to protect the quality of subtropical estuary of the Rookery Bay National Estuarine Research Reserve. And I'll submit into the record today a description out of the 1999 CARL annual report, also with the boundaries that show that this is within the acquisition area. And it's true. It's a willing seller program, but it is within the boundaries, and the book does say that everything within the boundaries are essential parcels. This particular proposal abuts to the north, to the east and the south, Belle Meade lands now owned by the State of Florida. This project is comprised of seven to eight percent South Florida Water Management District jurisdictional wetlands, and it may be even a higher percentage from the Army Corps. A portion of this site was illegally cleared in 1992 and that is where the red principally is. And the Environmental Protectional Agency enforcement file number on that is 1992230828. Just information for background. This project, a portion of it, is located on priority one panther habitat as designated in Florida Panther Habitat Preservation Plan, and I'll submit that map for confirmation. This proposal is located on Florida Panther Strategic Habitat as designated in Closing the Gaps in Florida's Habitat Conservation System -- System published by the Florida Fish and Wildlife Conservation Commission, and I'll submit that as well. It is accessed via an illegally filled and maintained road. There are no state or federal permits for Sabal Palm Road beyond the paved portion. To quote, South Florida Water Management District representative Karen Johnson's testimony on the October 13th, 1999 EAC meeting, and I quote, Miss Payton is absolutely right. There are no permits for Sabal Palm Road. And I'll submit her complete testimony for the record. Page 141 November 9, 1999 This proposed golf course violates Collier County's Growth Management Plan. We're not here to talk about Water Management District. We're here to talk about its consistency with Collier County's Growth Management Plan. It violates Future Land Use Element 5.4 that states that new developments shall be compatible with and complimentary to surrounding land uses. This proposed golf course abutting public lands is not compatible. There are issues of increased vehicular traffic, habitat degradation, lighting, herbicides, pesticides, mosquito spraying, conflicts with prescribed burning on public lands and hydrological restoration. It violates Conservation and Coastal Management Element Objective 2.2, Objective 2.3 and Policies 2.3.6 and 2.5. -- oh, boy -- that ensure water quality and protect coastal resources. If you could please give me a few more minutes? CHAIRWOMAN MAC'KIE: Well, I'd like -- just if you'd quickly summarize. MS. PAYTON: Okay. I'll just give you the policies that it violates. CHAIRWOMAN MAC'KIE: Well, instead of just reading us those numbers, you could submit the numbers for the record, and tell us in general what you think the issues are. MS. PAYTON: The issues are that this is a CARL area. It's issues of wildlife, it's issues of wetlands, it's issues that this county has to make assurances that this particular project is not going to negatively impact public lands that abut it on three different sides. They're issues that this county has not established standards for water quality and wildlife protection, which our comp plan requires, and you shouldn't be permitting projects until those are done. CHAIRWOMAN MAC'KIE: I have a question for you, Nancy, on my -- MS. PAYTON: And one other comment. CHAIRWOMAN MAC'KIE: -- list. MS. PAYTON: I -- I would request that the Division of Forestry's letter be read into the record today because it does make comments and does raise concerns about the compatibility of this particular project, and I'm disappointed that staff didn't do that because there are some interesting comments in there for discussion. CHAIRWOMAN MAC'KIE: Is it in our packet and I've missed it, Mr. Reischl, the Division of Forestry letter? Is it in our packet? MR. REISCHL: I received it -- I received it this morning. CHAIRWOMAN MAC'KIE: Oh. Could you make copies available for us or at least I'd like to see one and then, yes, it would be submitted for the record. MR. MANALICH: Madam Chairwoman, also for the record, Mr. Fernandez' office received very recently a very short letter from a property owner in the area. I would submit that if we're going to consider one, we probably should also consider this. CHAIRWOMAN MAC'KIE: Is it objecting or supporting? Page 142 November 9, 1999 MR. MANALICH: It is saying that -- it's written by Richard Knodel, spelled with a K, and Lisa Knodel. We are property owners on Sabal Palm Road. We have no objection to the golf course. They're unable to appear today. CHAIRWOMAN MAC'KIE: And, so, we've generally heard what's in the Division of Forestry and it will be in the record, but I'd like to see it. And I'd -- may I ask a question? MS. PAYTON: Certainly. CHAIRWOMAN MAC'KIE: Okay. When I look at the four reasons that CARL -- I'm sorry -- that EAC recommends denial, first is that it's within the CARL acquisition. That's real serious and even though it's a willing seller program, it's very serious. We cannot deny approval based on the fact that it's in CARL, but we can require conditions to preserve the public interest, and that is exactly the same as the second criterion that you keep raising, and that is whether it's compatible with the area. MS. PAYTON: Uh-huh. CHAIRWOMAN MAC'KIE: And then the third issue for me is whether or not it is -- will negatively affect habitat, animal panther habitat, for example. From what their experts have told us, it's not going to negatively affect panther habitat because panthers will traverse the area, since there will be no fences, that since there will be the swales and water quality and, blah, blah, culverts, that the waterflow issues will likewise be enhanced instead of degraded. How is this -- tell me what part it is. MS. PAYTON: We don't know that because all that's being left to the Water Management's District, and what I'm saying is under our comp plan, you have to have assurance under our comp plan that that's being done. And it's not a leap of faith that that may be addressed. Our comp plan has very specific standards about water quality and animal protection, and you have to have assurances, not through the permitting process, and that's what got the county into trouble with DCA by saying we don't have to worry about our environment because we leave it to the Army Corps of Engineers and the Water Management's District. And I'm here to say that you can't do that. That violates our comp plan. And I started to go through the various policies and objectives that -- that say that it's your responsibility, not the Water Management Districts' COMMISSIONER CONSTANTINE: I've got a question. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: Nancy, sometimes I'm -- I'm kind of slow on this stuff. Explain to me how you envision this harming wildlife in the area. We heard the one gentleman describing why it wouldn't. Can you tell me specifically why it would harm wildlife in the area? MS. PAYTON: This is an area that's being purchased by the State of Florida, which has been identified by the State of Florida as being environmentally sensitive. There is -- this is a golf course that's Page 143 November 9, 1999 going to have pesticides, herbicides on it. There's going to be issues of vehicular traffic. We hear there's going to be 700 cars a day coming in there. There are going to be issues of herbicides, pesticides. There are going to be issues that people are going to want mosquito spraying, because remember that this is an area that's being purchased for its hydrological value to enhance sheet flow, which means that there may be mosquitos there. CHAIRWOMAN MAC'KIE: Sort of naturally mosquito habitat. MS. PAYTON: Right. COMMISSIONER BERRY: But wait a minute. It's out -- is it outside the mosquito control district? CHAIRWOMAN MAC'KIE: Today. MS. PAYTON: Yes, but they may be applying and that's happened in other -- COMMISSIONER BERRY: They can apply but the mosquito control district can -- MS. PAYTON: No. COMMISSIONER CONSTANTINE: You know -- MS. PAYTON: I -- I -- they themselves can -- CHAIRWOMAN MAC'KIE: One at a time, please. MS. PAYTON: They themselves can do certain types of spraying, but it's going to be issues of compatible use, and people on that golf course are going to be wanting to be out there in comfort. There's also issues that prescribe burning as one of the management techniques for managing Picayune Strand, the Belle Meade. And there potentially is a conflict with people who want to tee off at eight o'clock in the morning and there is a prescribed burn on public lands. And the Growth Management Plan says that you have to protect those and you have to protect -- COMMISSIONER CONSTANTINE: So, what are you suggesting, that golfers would overrule the state on that? I mean, so the golfers are inconvenienced at eight a.m. if it's smokey out there. That doesn't make sense. Let me ask you a follow-up question, and that is if herbicides and pesticides are the concern, I would assume you'd think any agricultural use is inappropriate as well. MS. PAYTON: Certain types of agriculture, yes, would be inappropriate in this particular area. COMMISSIONER CONSTANTINE: So, short of leaving the property untouched, what would be an appropriate use in your mind? MS. PAYTON: I don't have to present appropriate use. I'm here to comment on what's been proposed today -- COMMISSIONER CONSTANTINE: You don't have to -- MS. PAYTON: -- which is the golf course. COMMISSIONER CONSTANTINE: -- but I'm just asking to be reasonable and rational, we're saying, well, a golf course isn't compatible even though bunnies and bugs can run across that golf Page 144 November 9, 1999 course, and that farm wouldn't be appropriate. It's not an unfair question to say, well, what would be? MS. PAYTON: Well, this is swamp land, you have to remember. There are not a lot of good uses for swamp land and that's one of the major reasons why the State of Florida has identified this area as needing to be purchased. COMMISSIONER CONSTANTINE: So, you really can't think of anything other than a natural preserve that you think would be appropriate for MS. PAYTON: That's our ideal option. Yes, that would be -- COMMISSIONER CONSTANTINE: Okay. MS. PAYTON: -- number one on the list that -- COMMISSIONER CONSTANTINE: Just so I'm clear -- MS. PAYTON: -- that is purchased by the state. COMMISSIONER CONSTANTINE: -- a private property owner should not have the use of their own land for anything other than -- MS. PAYTON: It doesn't say they can't have use. He -- he's currently using part -- a portion of this for grazing purposes on certain type of property. COMMISSIONER CARTER: Well, that raises an interesting question. How many cattle are on the -- on the area that's being grazed? And Barbara can better attest to this than I can, but cows are pretty good polluters based on what each one does each day. CHAIRWOMAN MAC'KIE: Yeah. Oh, yeah. COMMISSIONER CARTER: So, I think what's the trade off between -- MS. PAYTON: Well, we -- COMMISSIONER CARTER: -- manure and fertilizer -- MS. PAYTON: -- we did -- COMMISSIONER CARTER: -- for a golf course? MS. PAYTON: Yes, there are -- COMMISSIONER CONSTANTINE: Well, they've got to be pretty good swimmers, too -- MS. PAYTON: -- issues there as well. COMMISSIONER CONSTANTINE: -- if that is what we're being told. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: Okay. Any other -- Well, I have one. -- questions for Miss Payton -- Yeah, I do. -- if she's willing to answer them. If she's willing to answer them. I'm sure she would be. She's always been quite willing to cooperate. We had several expert witnesses up before you that -- that have background in -- at least one of them is -- his credentials and background are in education, in environmental services, who disagrees with your positions. MS. PAYTON: Uh-huh. COMMISSIONER NORRIS: And I just wondered if you -- have you established yourself as an environmental expert? Do you have the credentials, the education and background to -- to be able to call yourself an expert witness? Page 145 November 9, 1999 MS. PAYTON: I never called myself an expert witness. What I am is I am a lobbyist. I am hired to represent a position of the Florida Wildlife Federation, and this position is developed in cooperation with folks that have legal backgrounds and -- and biological backgrounds and appropriate backgrounds to properly develop our position. And I remind you, those are the same people that we had when we went for the DCA challenge and our experts prevailed on all 16 issues. So, I think that they do have credibility in a forum. I don't, but I am not hired as a biologist. I'm here to represent a particular position. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: Then I -- Well said. Madam Chairwoman? Yes. I think that perhaps I would like to have my opinion conveyed back to your leaders, whoever they may be, that if this is a vital piece of property for them, that I would suggest that they come forth and purchase this property for the price that it's worth. I'm tired of -- Nancy, frankly, I'm getting a little weary of every time something comes up, it's the same thing, and you're hanging your hat on every issue now that comes before us about your success at DCA. I'm getting a little weary of that argument. It's going to wear real thin real quick. And you go back and you tell your friends up there, and I'm not opposed to this. First off, I'm 100 percent in favor of wildlife. I think it's great, and I'm all for the conservation of wildlife and doing all those kinds of things, but you go back and you tell them, if this is so important, to get themselves down here and fork out the money and pay this man for this piece of property. And I frankly don't care what you do with it. MS. PAYTON: I'll be happy to consult the state. COMMISSIONER BERRY: Please do -- MS. PAYTON: Yes. COMMISSIONER BERRY: And pay them what the property is worth as its best and highest use. CHAIRWOMAN MAC'KIE: Okay. MS. PAYTON: And, remember, we were involved in getting 25 million for southern Golden Gate Estates, so maybe we can -- COMMISSIONER BERRY: And you really paid the people out there well. MS. PAYTON: They're selling. CHAIRWOMAN MAC'KIE: Just a moment, because the court reporter can't -- can't do it when we're all talking at once. Commissioner Constantine's questions. COMMISSIONER CONSTANTINE: A couple of follow-up questions. You mentioned you've got a whole team of experts that work on this. How often have you met on this particular item? How often have you sat down with that team of experts -- Page 146 November 9, 1999 MS. PAYTON: Well -- COMMISSIONER CONSTANTINE: -- and reviewed this particular item? MS. PAYTON: -- as early -- as -- as recently as this morning. COMMISSIONER CONSTANTINE: How often, not when? MS. PAYTON: How often? I would say we've had -- I don't -- you know, I'm getting offended by this because it's cross-examination. I presented our position and you may accept it, you may deny it, but to -- to once again delve into the operations of Florida Wildlife Federation because you don't particularly like the positions we take and the options that we choose to advocate our positions and to reach our goals, Madam Chair, I would ask that -- CHAIRWOMAN MAC'KIE: Well -- COMMISSIONER CONSTANTINE: No. If -- if -- MS. PAYTON: I don't see how this -- COMMISSIONER CONSTANTINE: Let me respond, because it's fine if you take offense. I apologize for that, however -- MS. PAYTON: Accepted. COMMISSIONER CONSTANTINE: -- it's important that the public know who is making these complaints, whether any of them live in Collier County, whether they spend any time talking about a specific project or whether they are simply objecting to everything. MS. PAYTON: Let me remind you that -- COMMISSIONER CONSTANTINE: That would be the information for the public to know as well as -- MS. PAYTON: -- this office was set -- COMMISSIONER CONSTANTINE: -- for this decision making board to know. MS. PAYTON: -- up at the request and is funded by Citizens of Collier County. It was Citizens of Collier County that said to Florida Wildlife, please come to Naples, establish an office, we will fund it, we will underwrite it to do exactly what Florida Wildlife has done for the last five years. CHAIRWOMAN MAC'KIE: I am going -- MS. PAYTON: So, it is citizens of this county that support what I do. And I think the fact that we are here, we're advancing, we're surviving is testament that there is a portion of the community that agrees with what we do. CHAIRWOMAN MAC'KIE: And, Nancy, the reason -- the reason that I -- when John wanted to ask additional questions, that I said if you were willing to answer them, because I do think we're reaching a point where you could either agree to continue to answer questions or you might find it inappropriate, and I would want to defer to your right to leave the podium and not answer those questions because it's not appropriate to cross-examine. COMMISSIONER CONSTANTINE: I think it's perfectly fair to inquire from where an opinion is coming. If it's being represented as a particular group, and that they have some particular expertise, we have every right to inquire about that group and that expertise. CHAIRWOMAN MAC'KIE: But we have before. Page 147 November 9, 1999 that. COMMISSIONER CONSTANTINE: There's nothing out of line about CHAIRWOMAN MAC'KIE: No, but, Tim, we have. COMMISSIONER CONSTANTINE: And we haven't had good answers before I either. I don't know how many members there are in Collier County. don't know how often you met on this or any other -- MS. PAYTON: We're the only organization that I've seen that you've ever asked that -- COMMISSIONER NORRIS: Oh, no. MS. PAYTON: -- and continue to ask who we are, how we operate. I'm not going to answer it because I think it's an inappropriate question. COMMISSIONER CONSTANTINE: I bet there's another reason why you're not going to answer it. CHAIRWOM3LN MAC'KIE: Thank you. Thank you. Our next speaker? MR. FERNANDEZ: Kenneth Sleeth and then Janus Szcilinski. COMMISSIONER NORRIS: While Mr. Sleeth is coming up, I -- I was just scanning this letter that we were recently handed from the state force. I want to point out a couple of things in this. I mean, can this -- this has no credibility. Listen to what they say here. It says, with the exception of Sabal Palm Road, which I have been told has been filled and widened in the past without a permit, the 25-foot berm around the perimeter would disrupt the sheet flow to the surrounding areas. Well, we were told that the 25 -- there is no berm around the perimeter of the property. And then -- then it goes on to talk about red cockaded pecker woods and it says that -- that the pines cannot tolerate high water levels, the pines that they live in, and this could result -- could result in killing the cavity trees. If this happens, the pecker woods will probably perish. Well, you know, is this supposed to be an official statement document? I mean, give me a break here. Now, this is just -- that's so silly -- COMMISSIONER CONSTANTINE: I'm reasonably sure -- COMMISSIONER NORRIS: -- to look at the -- towards the -- even look at something like that. COMMISSIONER CARTER: No, it's -- I agree with Commissioner Norris that this letter just makes a lot of statements that are not backed up by any fact or anything I've heard here this afternoon, so I would suggest before they write these letters, they might investigate it a little more thoroughly before putting this type of information out. CHAIRWOMAN MAC'KIE: Our next speaker? COMMISSIONER BERRY: It just sounds like -- MR. FERNANDEZ: Kenneth Sleeth. COMMISSIONER BERRY: It just sounds like they got a lot of misinformation and reacted to that information in this letter, because the basic premise is not there. Page 148 November 9, 1999 COMMISSIONER CONSTANTINE: Somebody might have typed the letter for you. MR. FERNANDEZ: Is Ken Sleeth in the house? CHAIRWOMAN MAC'KIE: He's here. He's getting set up. Please speak from whichever podium you'd prefer, sir. MR. SLEETH: Good afternoon, commissioners, Madam Chairman. My name is Kenneth Sleeth for the record. And I am one of the property owners out there on Sabal Palm Road. I'd like to just, first of all, say this, that across the road from us is the -- is the -- is the grove and it runs the entire length of the -- of this property that's -- that's being considered today. That -- they made the mention of the fact was that the pesticide and the spraying stuff, they've got -- there's a grove across the road and it is sprayed continuously as you know in a -- in a fruit operating business. You have to make sure the fruit is well taken care of. So, therefore, there's spraying already out there, and in the event that there is any -- any serious damage to the wildlife and something, it's already in existence in taking care there. Coming out that road, all -- on both sides of the road, the first mile is already paved, and after that you start going out and on the -- on the -- on the south side, you have an area that belongs to Lely, which they're hoping eventually may be developed into -- into a part of a -- part of their development in relation to the -- growing their trees and things like that. And then next to that is -- is the orange grove which runs out all past the entire property. Just beside the orange grove is -- is a gentleman that owns 40 acres and a home there and he raises dogs. So, that's covering the whole south side of the entire property that we're talking here about today. On the north side, as you come off it, just as soon as you come off the pavement, you have a -- you have a Haitian church, which is being developed, and then you have a lane going up where there's approximately nine to ten homes that are all up there, and they're all facing east, and then this property comes there. So, you go out beyond that, so we're really not in there, but I would like to -- I would like to say this, that, as you -- we're talking about the maintenance of the road. The first mile that's under the pavement, the culvert under there, there's one culvert between 951 and the end of the pavement. Immediately that you leave the pavement, there is a -- there is four -- four 24-inch culverts going underneath there, and there's -- there's -- there's four 36-inch culverts, which in turn are under Sabal Palm Road. And those -- two of those are down just at the grove and the other one is down just at the -- at the entrance into my property. So, there's adequate circulation of the water. There's no water being obstructed from -- from the street -- sheet flow across the property, in no way. Page 149 November 9, 1999 As you -- if you ran across these -- I'd like to hear where we have this here. Oh, we have -- if you see the different ones there, if you're looking east and west on that road, that road is awfully dry and then you're looking in -- looking in here. I don't know whether you're looking in there or not, but this is -- this is my property there. So, I'll tell you there's -- there's very little water on there and I -- and I -- I -- we've got cattle out there as you -- as you notice in these pictures here, if you could maybe move those up a little bit there, that this is pretty nice land. My wife and I -- my wife and I take care of this land. We're very good stewards of the lands and we maintain it. And all this exotic stuff that you're talking here on the other pieces is being taken care of twice a year. My wife and I run -- she runs on the tractor. We show that here. My wife's on the tractor. She's cutting and I'm out there in the field with my -- with my weed whacker making sure there's no exotics growing around any of those trees. So, my entire 85 acres is covered entirely with good fertile land and I maintain that. COMMISSIONER CONSTANTINE: Could I ask a question about these? MR. SLEETH: Yes, sir. COMMISSIONER CONSTANTINE: It looks in every single one of the pictures you've shown us those are pine trees all over the place. MR. SLEETH: There is pine trees. COMMISSIONER CONSTANTINE: Because I'm just reading this letter from Bob Crawford where it says, pines cannot tolerate high water levels for an extended period and could result in killing them. MR. SLEETH: Well, these are all very good pine trees and, in fact, as we're talking about the -- the woodpeckers in all those areas, I'm sure that if they stopped by, they can have a convention. There's enough pine trees to take care of them all. But we do take care of this, my wife and I, and we -- we would appreciate very much your support on this -- on this part of the project. Just about all this project that he's speaking about here is where the main golf course is going to be is -- is -- is on -- on my property there. And we're very good stewards. We allow no hunting on our land. We're very -- we're very conscious about who is on there and this is -- this is part of our -- our future, my wife and I. We in turn hope that this will be part of the way we have -- you people have bonds and all those other things. My wife and I utilize land as our -- as our future. And I would hope that you would give us serious consideration in this. And I thank you very much for appearing before you. And I hope that these pictures weren't offensive in any way. Thank you. CHAIRWOMAN MAC'KIE: No. Quite helpful. Thank you. MR. FERNANDEZ: The next speaker is Janus Szcilinski and then John Quatrapo. MR. SZCILINSKI: You have some -- Page 150 November 9, 1999 CHAIRWOMAN MAC'KIE: No, sir. I'm sorry. We need you to get on the microphone. MR. SZCILINSKI: My name is John Szcilinski and I'm the owner of part of the land that's being developed or proposed developed for the golf course. And my wife is with me and we are for the course. And since my -- Mr. Sleeth spoke so eloquently, I really have nothing else to add. CHAIRWOMAN MAC'KIE: Thank you. MR. SZCILINSKI: Because I'm in the same area as he, so -- of the land, so nothing more to add. CHAIRWOMAN MAC'KIE: Thank you very much. MR. SZCILINSKI: Thank you. CHAIRWOMAN MAC'KIE: Our next speaker? MR. FERNANDEZ: John Quatrapo? MR. QUATRAPO: I decline. Thank you. CHAIRWOMAN MAC'KIE: He's declined and waived his right to speak. Thank you, sir. MR. FERNANDEZ: That's your final speaker. CHAIRWOMAN MAC'KIE: Okay. Then we'll close the public hearing. MR. REISCHL: Madam Chair, before you do, if I could just put on the record our -- our position on consistency with the Growth Management Plan just for the record? CHAIRWOMAN MAC'KIE: You should, yes. MR. REISCHL: Okay. The Land Development Code says that a golf course is a conditional use in the ag district and, therefore, if this board decides that it meets the criteria, then it would be consistent with the Growth Management Plan. CHAIRWOMAN MAC'KIE: Okay. Then I'll close the public hearinH. Is there a motion? COMMISSIONER CONSTANTINE: I think we probably ought to wait until Commissioner Carter finishes his trip to the little boy's room. CHAIRWOMAN MAC'KIE: Oh, you're afraid you don't have the votes without him? No, I'm just kidding. COMMISSIONER CONSTANTINE: No. He sat through 90 minutes. He probably ouHht to participate. CHAIRWOMAN MAC'KIE: Well, we can Ho ahead and have a motion if anybody wanted to make it. COMMISSIONER CONSTANTINE: I'll make a motion to approve the item. COMMISSIONER BERRY: I'll second that with the -- well, I'll second it. I was just going to add with the stipulation, which I think is already in there anyway, regarding the Sabal Palm Road improvements and those kind of things. Do you agree with that -- COMMISSIONER CONSTANTINE: Yeah. Absolutely. COMMISSIONER BERRY: -- motion maker? CHAIRWOMAN MAC'KIE: I've got a -- I would tell you that I'm going to support the motion, but with really a whole lot of trepidation because I think Miss Payton makes a real good point about that we have deferred this question of whether or not it's compatible Page 151 November 9, 1999 to the -- to the state and the feds in that that is questionable whether or not we should do that. But when I look at this purely as it's a conditional use, does it meet the criteria, I think that it does meet the criteria, but only because of the conditions that were described by the two experts here today where the berming will be mitigated by the culverts and the spreaders, and whereby there is no fencing that would interfere with the habitat wanderings of panthers and bears and other mammals, and that that -- that access question about the road and whether or not it was permitted is something that's outside of the purview of this board, so -- COMMISSIONER CONSTANTINE: I need to make one tiny amendment to my motion, and that is to include recognition of those two gentlemen as experts, and also just a comment, and that is, you know, the irony for me is one of the only places I see wildlife, whether that's deer or fox or other things, is when I'm on the golf course. And to suggest that this is not compatible because, you know, a deer doesn't putt or chip, you know, I think is silly. They're still going to run around out there. This is in no way going to harm them. As a matter of fact, from what they're suggesting they're going to do for improvements, it should create a better situation. CHAIRWOMAN MAC'KIE: And I've got to just follow that by saying I bet that it's been awhile -- I bet you spend more time on a golf course than you do on a swamp buggy or at the CARL property and otherwise, and just because that's where you see wildlife doesn't mean that that's where wildlife are happiest being. Okay? COMMISSIONER CONSTANTINE: And I'm not suggesting that they're unhappy out in the swamp. I'm sure the deer love swimming out there, but -- CHAIRWOMAN MAC'KIE: Not that deep. COMMISSIONER CONSTANTINE: -- but they -- you know, to suggest that this is somehow incompatible, I think, is silly. CHAIRWOMAN MAC'KIE: Yeah. Okay. COMMISSIONER BERRY: They have to be protected out there because nobody's going to hunt them on the golf course. CHAIRWOMAN MAC'KIE: There you go. The stipulations that the experts made here regarding the water flows and the fencing, I hope, would be included in your motion. CHAIRWOMAN MAC'KIE: Oh, absolutely. And -- and -- COMMISSIONER BERRY: And I'm seconding that. CHAIRWOMAN MAC'KIE: Okay. Is there any further discussion? If not, all in favor, please say aye. COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Aye. Opposed? That passes unanimously. Page 152 RESOLUTION 99- 419 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A GOLF COURSE CONDITIONAL USE "17" IN THE "A" RURAL AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3. in an "A" Rural Agricultural Zone for a golf course on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Emilio J. Robau, P.E. of RWA, Inc. representing Jassy Real Estate Investments, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incomorated by reference herein 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. 2. An appropriate portion of native vegetation shall be retained on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. 3. Prior to the issuance of a Certificate of Occupancy, the portion of Sabal Palm Road from the end of the County right-of-way to the entrance to the subject site shall be constructed to meet County standards. 4. Prior to approval, the Site Development Plan or construction plans for the golf course shall indicate culverts and spreader swales to restore pre-development sheet flow to the greatest extent possible. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this (:~ ~/~ day of ~/~ ~,~*g~.~, 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Attest as to Chatr'~n's s tgn~_ture on15. AT3EST.:,. '.-DWIG!TI. T'E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Maml'US. Scuderi ~ Assistant County Attorney g/admin/sue/CU-99-08/RESOLUTION FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-08 The following facts are found: Section 2.2.2.3.17 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao o C o Consistency with the Land Development Code and Growth Management ~~ Yes ~) No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and ac.c~s~_~ case of fire or catastrophe: Adequa~-~gr~s~& egress s Affects neighboring properties in relation to noise, g~.~c or odor effects: (xi No affedt or Affect mitigated by ~-------~-~'fect cannot be mitigated Do Compatibility with adjacent properties and other property in the dist~ic~: Compatibleu ~.~. wi~.-in~ district .... No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval ~. ~;~ ~,.~ . f/FINDING OF FACT CHAIRMAN/CU-99-08 ___ EXHIBIT "A" LEGAL DESCRIPTION CU-99-08 DESCRIPTION: (AS SUPPLIED BY CLIENT) SW 1/4 OF SECTION 19, TOWNSHIP 50 SOUTH, RAKIGE 27 EAST, COLLIER COUNTY, FLORIDA AND ALSO: SE 1/4 OF SECTION 24. TOWNSHIP .50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA LESS: NW 1/4. OF THF. SE' 1/4 OF SECTION 24. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLUER COUNTY. FLOR)DA EXHIBIT "B" / / Exhibit November 9, 1999 Continuation of Item #12B2 PETITION PUD-99-12, MR. MICHAEL R. FERNANDEZ OF PLANNING DEVELOPMENT, INC., REPRESENTING MARIAN H. GERACE, TRUSTEE, REQUESTING A REZONE TO BE KNOWN AS BANYAN WOODS PUD - WITHDRAWN AT THE REQUEST OF THE PETITIONER COMMISSIONER CONSTANTINE: Do you want to wrap up that other one? CHAIRWOMAN MAC'KIE: Let's go back, if someone would make a motion to remove the prior item from the table? COMMISSIONER CONSTANTINE: So moved. COMMISSIONER BERRY: So moved. CHAIRWOMAN MAC'KIE: All in favor, please say aye. COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Aye. Opposed? Passes unanimously. Could we hear from -- COMMISSIONER NORRIS: A motion and a second on the floor. CHAIRWOMAN MAC'KIE: We do have a motion and a second on the floor. Mr. Passidomo, did you want to leave the application pending or have you something else? We'll reopen the public hearing for that. MR. PASSIDOMO: We respectfully request that it would be withdrawn. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER NORRIS: Totally withdrawn? MR. PASSIDOMO: Sir? COMMISSIONER NORRIS: Totally withdrawn? MR. PASSIDOMO: Yes, sir. And I apologize for the nature and the extent that representation was made. It was unbeknownst to me, in fact, that we're looking for an opportunity to explore the viability of it. CHAIRWOMAN MAC'KIE: I knew that was the case as soon as I saw that easement and saw that the names were the same. I thought, uh-uh, John didn't know that because he could work on it. So, we appreciate that you will and trust that we know you didn't know. MR. PASSIDOMO: Thank you. COMMISSIONER CONSTANTINE: Thanks. CHAIRWOMAN MAC'KIE: So, that item is withdrawn, and we can move on to -- COMMISSIONER NORRIS: We should have a motion to make him withdraw his motion just for -- COMMISSIONER CONSTANTINE: Sure. If you need that, I'll withdraw the motion. CHAIRWOMAN MAC'KIE: Consider it withdrawn. Page 153 November 9, 1999 Item #13A2 RESOLUTION 99-420, RE PETITION CU-99-16, R. BRUCE ANDERSON, REPRESENTING SR 846 LAND TRUST, REQUESTING APPROVAL OF A CONDITIONAL USE FOR AN EARTH MINING ACTIVITY ON A PARCEL OF LAND ZONED AGRICULTURAL LOCATED ON THE WEST SIDE OF IHMOKALEE ROAD APPROXIMATELY 1.5 MILES NORTH OF THE COUNTY FAIR GROUNDS, CONSISTING OF 2,564 ACRES - ADOPTED The last item is Bruce Anderson on earth mining on the west side of Immokalee Road. Will all persons wishing to be heard on this item, please stand and raise your right hand and be sworn by the court reporter? (Ail witnesses were first duly sworn by the court reporter.) CHAIRWOMAN MAC'KIE: I have to disclose that I have met with Mr. Anderson and another representatives of the petitioner. COMMISSIONER CARTER: As I have. COMMISSIONER BERRY: As have I. COMMISSIONER CONSTANTINE: I had a very brief conversation with him on this. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: As have I. Okay. Do we need -- And people on the other side of the issue of CHAIRWOMAN MAC'KIE: Having -- I had not done that. Dr. Badamtchian. DR. BADAMTCHIAN: Good afternoon, commissioners. Chahram Badamtchian from Planning Services staff. This is a conditional use for earth mining activities to be located one and a half miles north of the county fair grounds. The site consists of 2564 acres, about four square miles. They are proposing to excavate 553 acres of it. They will not go more than 20 feet deep, no blasting is required. It's just they're removing sand and they are only going to excavate 25 -- less than 25 percent of the site. And the area that they are going to excavate is pasture land and farmland. They will not be required to remove vegetation to do that. Very few -- little clearing is required. CHAIRWOMAN MAC'KIE: The staff's recommendation was to approve, all the Planning Commission was approval? DR. BADAMTCHIAN: Unanimous approval and EAC has recommended eight-one for approval. Staff received a letter of objection, which is attached to -- staff -- to the executive summary. However, yesterday in the afternoon I was faxed a letter of no objection from the same gentleman saying that he is satisfied with this petition and he's withdrawing his objection. CHAIRWOMAN MAC'KIE: And maybe I missed it, but I see Planning Commission's recommendation, but I don't see the EAC recommendation. Page 154 November 9, 1999 Could you tell us what -- it's eight to one -- what the reason was for the one dissenter? DR. BADAMTCHIAN: The reason was that they were worried about the dust and the neighboring properties that they will suffer this dust for -- and noise for the next 20 years. However, the closest the earth mining is going to come to the property line is 900 feet. CHAIRWOMAN MAC'KIE: 900 feet? DR. BADAMTCHIAN: 900 feet. That's the closest they come to the property line. CHAIRWOMAN MAC'KIE: Okay. Any other questions for staff? COMMISSIONER BERRY: No, but I will -- I will just make a comment, that I'm not going to support this petition, and the reason I'm not supporting it is because of the Immokalee Road condition and the amount of truck traffic on that roadway under the current condition. This is no surprise. I have spoken to the petitioner about it, and I just feel that, you know, it's too bad that -- I have nothing against the project as far as the conditional use of the land. I -~ I think that's -- you know, it's perfectly within the rights and the rules and the regulations, but I -- I do have some concern about the amount of traffic on the road as it currently stands. CHAIRWOMAN MAC'KIE: Yes, commissioner. COMMISSIONER CONSTANTINE: I am going to support it. I understand the concern and I don't think there's any road in need of attention any more than Immokalee Road. We've all said that. I'm going to support the item because we've been through on a couple of different locations in the county in the last five years on earth mining operations, have turned at least one of those down -- I think two of those down for a variety of reasons. And this seems like, when I think back on all those reasons and we sort out all that went with that, if not here, then where in the county is appropriate, and that's just -- if we're going to allow earth mining anywhere, it seems like that's the most logical place. COMMISSIONER BERRY: That's the problem, commissioner, that I had, because I see there -- there obviously is a need for this kind of thing or it wouldn't be -- it wouldn't be the thing to do at this point in time, but my concern is -- is just the roadway to and from. CHAIRWOMAN MAC'KIE: Okay. Can we hear from the petitioner and from speakers? MR. ANDERSON: Good evening, Madam Chairwoman, commissioners. For the record, my name is Bruce Anderson from Young, van Assenderp, Varnadoe and Anderson representing SR846 land trust. I'd like to introduce the trust representative here, Don Barber, and the project team members, who are here to testify and answer any questions you may have; engineer, David Wilkerson, transportation engineer, Steve Lang, land use planner, Bruce Ciliano (phonetic), and ecologist, Ken Passarella. We are in agreement with the conditions listed and the conditions of approval. I would point out that this land is in the rural fringe Page 155 November 9, 1999 and it is for one of the few land uses that are still allowed in the agricultural rural area under the state imposed moratorium. I'd also point out that the agricultural and conservation zoning districts are the only zoning districts in Collier County that allow for earth mining and that by virtue of these two factors there's a presumption in favor of earth mining on lands such as this. I would also point out that unlike other land uses, earth mining is not a use that can be located just anywhere. You can only dig where mother nature saw fit to locate the natural resources. CHAIRWOMAN MAC'KIE: Mr. Anderson, considering the hour -- MR. ANDERSON: Yes, ma'am. CHAIRWOMAN MAC'KIE: -- would you mind if the board just asked you questions -- MR. ANDERSON: That's fine. CHAIRWOMAN MAC'KIE: -- and call on your team for questions? MR. ANDERSON: Sure. CHAIRWOMAN MAC'KIE: Are there any? COMMISSIONER CARTER: Well, the only questions I've raised, Bruce, and I think you've answered them for me, is, if I didn't permit it here, would it stop truck traffic in Collier County bringing in fill, and the answer to that has been no. MR. ANDERSON: No. COMMISSIONER CARTER: The fill is going to continue to come here, is still going to be transporting our highways and perhaps what this is, is an economic benefit is here, if they get their fuel here, at least we get some gas tax benefit from them other than coming in from -- from -- from Lee County. I am concerned about the two schools on that road and the hours of operation, and I wish there was a way that between the prime times of the schools in the morning and the afternoon that I could eliminate 16 wheelers on Immokalee Road, but I can't do that, Bruce. I don't know how to do that. If there was a way to do this better, I would say do it, but I -- I guess I'm at this point. I don't know how to deal with it any differently. And if there's something that you know that I don't know that we can keep some of the traffic off Immokalee, I'm all ears. CHAIRWOMAN MAC'KIE: Could I ask that we hear from public speakers who have been here, not members of your team, at this point, and I'll promise to let you come back if there are issues that are raised? MR. ANDERSON: Certainly. Certainly. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: Two speakers; Laurie Shaw and Richard Babb. MS. SHAW: Hi. I'm Laurie Shaw. It's been a long day. CHAIRWOMAN MAC'KIE: Thank you for your patience. MS. SHAW: I don't know how you guys do it. Of course, I object to this because my home is adjacent to the proposed strip mining operation, very close to it. 900 feet doesn't sound like a great distance. It sounds like a great distance but it is not. It really isn't. Page 156 November 9, 1999 When you stand in my yard and you look at where the island is, it's not very far. It's all open spaces out there. Even in -- in the wintertime, it's dry, windy conditions and we do get a lot of dust just circulating, little odd dust storms and little twisters out there on a normal winter afternoon. You know what -- what -- what this is going to start -- create. I don't know what it's going to be like living next to it for the next 20 years. What I can probably guarantee myself is that if I don't like it in another couple years from now, I'm going to have a heck of a time trying to sell my house and move someplace else. Now -- wait. Wait. CHAIRWOMAN MAC'KIE: Uh-huh. There's a microphone there. Yeah. MS. SHAW: Okay. My house is right here. They're going to start back here and work their way forward, trucks back and forth for the next 20 years. There are homesites. This is my home, but there are homesites all around. Mine is not the only one. And not only that, but there have been homesites just since this -- the petition has come out, and since we got the notification, and I have to tell you I was very upset. I'm still upset. But now I'm more tired than upset. But -- but since that time, there have been a lot more homes going up and people aren't even aware of this, you know. So, there are a lot still being built around that area but, God help me if I decide I want to move someplace that's a little quieter and I want to move and sell my house. I don't know if I'll be able to do it. Another thing -- hold on -- the berms that they have showed me that they would put up facing my house and facing another person's house, I don't know if that's going to help keep out the dust. Only time will tell that, but I know it ain't going to keep down the noise because I was standing in my front yard this morning, waiting for my neighbor, Dick Babb, to pick me up, and I was watching the trucks go back and forth, and sound carries over those wide open spaces, believe me. That's my own personal viewpoint. Now, I have to tell you about Immokalee Road, because I now have to leave my home 20 minutes earlier each day because of the dump truck traffic. That in and of itself I can deal with, but you know what it's been like lately at seven a.m. when I -- when I'm approaching G's store? Between Oil Well Road and 951, it has been -- I'm not lying -- bumper to bumper, bumper to bumper, an eight-mile stretch because of these trucks. We need less trucks, not more trucks, less trucks. We need -- something has to be done with their hours. They don't even give us any rest on a Saturday, you know. I mean, they're up there on Saturday morning and they're back and forth. Less trucks, not more trucks, please. I, myself, in the last two weeks -- I travel Immokalee Road twice a day. I, myself, have witnessed the aftermath of two dump truck accidents in the last two weeks, so I don't know how many accidents occur that I'm not even aware of. These are just the accidents that I have seen occur. Page 157 November 9, 1999 I know the -- there are a lot of -- I'm sure there are a lot of good dump truck drivers, but there are a lot of reckless drivers out there. I have seen them sandwich little subcompact cars and, you know, and you can't get a license plate number off of these guys because the license plates are so covered in filth, you can't read them, so who are you going to call and complain to? You can't. It's a mess out there. You know, Immokalee Road out there is already feeling the washboard effect when you're going to eastbound to westbound. And it was, oh, so nice. It was recently paved, part of it, and already the recently paved part, you know, from the full trucks you get the washboard, and I hate to see what it's going to be like over the next, however, one, two, five, ten, 20 years. But, you know, the school thing, too. You know, I mean, all it takes is one school bus to get crashed, you know, and how are you guys going to feel? You know, just one -- one school bus-dump truck accident and, you know, I would imagine that there would be some young casualties, but, I mean, I can't -- I can see it as being negligible. Wow! These things get shorter in between as the day goes by. COMMISSIONER CONSTANTINE: No, but that's a great idea. MS. SHAW: Yeah. Yeah. Thank you very much for listening to me. Please less dump trucks, not more dump trucks. COMMISSIONER CONSTANTINE: Our next speaker. MR. FERNANDEZ: Final speaker, Richard Babb. MR. BABB: You have the name, so I won't repeat. It's been a long day. We -- one of the reasons we have such a mess on that road now, two lane -- remember, two-lane road all the way out, is that there have been several built pits approved during this last year, several new ones have opened out there, added to the ones that already existed. From Oil Well Road where the new middle school is, they're coming in there. They're coming in from the road next to the fair grounds. These are the loaded trucks coming into Immokalee Road. There's a new built pit opened up on the corner as you're going up Immokalee Road where the road swings east again, going over towards the sanctuary, a new pit up there dumbing the trucks on. It's -- if you haven't tried it lately, try it, especially during rush hour. This is one of the reasons why -- why -- why we are in the position we're in now and, of course, the new built pit that they're proposing here is to dump -- I don't know. And it started off, it was 396 truckloads a day. The newspaper told me that the meeting I was at here, the Planning Board, had approved 175. I didn't happen to hear it. I wasn't asleep. But maybe it's only 175 more loads a day added. Gee. I'm retired from the Bell System. We placed a great deal of emphasis on safe driving. I submit if we put this type of infusion onto that two-lane Immokalee Road, the way it is now, we've got a sure fire formula for bloody accidents. It's going to be on our hands. Page 158 November 9, 1999 Commissioner Carter, you wanted to know what can we do. The fill has to come from somewhere. We could wait until the road can handle the trucks. COMMISSIONER CONSTANTINE: Thank you. CHAIRWOMAN MAC'KIE: Can we have -- that was our last speaker? MR. FERNANDEZ: That was your last speaker. CHAIRWOMAN MAC'KIE: Are there questions for the petitioner that were raised, petitioner or any of his team members before we close the public hearing? COMMISSIONER CARTER: Does anyone know how many trucks a day are on Immokalee Road? If we didn't have this, how many are there? CHAIRWOMAN MAC'KIE: A lot. COMMISSIONER CARTER: Well, we know there are a lot. But, I mean, if -- if we deny this, is that going to change the number of trucks that are going to come on Immokalee Road with fill? MR. KANT: Edward Kant, Transportation Services Director. No, we don't distinguish between trucks and passenger cars, but we do know that the percentage of trucks on Immokalee Road is significantly higher than one would expect on a road with that volume of traffic and that type of roadway because of the fact that we happen to have a lot of fill pits and other construction type activities on that road. So, I can't give you an exact number, but of the approximately 15,000 vehicles a day that use that road, there -- ordinarily one would expect to find about five to six percent trucks, between four and six percent. We believe that the truck -- the actual number is between eight and ten percent, almost double what we might expect. CHAIRWOMAN MAC'KIE: Okay. Last time, last call for questions from the petitioner and members of his staff or team. If not, I'll close the public hearing. Is there a motion? COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: Is there a second? I'll second the motion. I think we have to approve this, as sorry as I am for what the impacts will be. The realty is -- is we make these kinds of decisions, we have to look at what's a reasonable expectation of adjacent property owners and it's reasonable to expect that this is an operation that would happen in the area. So, I'm going to second the motion. And we closed the public hearing so unless you've just got some crisis here -- MR. ANDERSON: Well, you did promise me that I'd have an opportunity to respond to these things. I did want to point out that we have fill trucks bringing in fill from Lee County to Collier. CHAIRWOMAN MAC'KIE: I think that point's been made. MR. ANDERSON: They're not paying any road impact fees, plus no gas tax. CHAIRWOMAN MAC'KIE: I think that point was made by Commissioner Carter. Page 159 November 9, 1999 MR. ANDERSON: Well, I wanted to -- to reemphasize that fact. And about the trips, it's important to note that this project will generate the same number of trips that 40 single family homes would generate, that's all, but they pay several times as much impact fees, road impact fees, as the single family -- 40 single family homes would. CHAIRWOMAN MAC'KIE: Right, but it wouldn't be 40 big trucks. COMMISSIONER CONSTANTINE: If I get hit by a station wagon, that's different than getting hit by a truck. CHAIRWOMAN MAC'KIE: Well, it might be -- never mind. MR. ANDERSON: I've been hit by a 16 wheeler while on a motorcycle, so I speak from experience. MR. ANDERSON: And we understand that the -- that the pit that is north of us is likely -- we've talked to persons associated with that -- that it is likely to significantly curtail its operations, meaning run out of fill, within the next year to year and a half, which should help alleviate some of the problem in the area. COMMISSIONER CONSTANTINE: But it's not unrealistic to describe this as potentially replacement trips. MR. ANDERSON: Yes, sir. CHAIRWOMAN MAC'KIE: In a year, year and a half. MR. ANDERSON: That is correct. CHAIRWOMAN MAC'KIE: And I apologize, Bruce. I did offer you that opportunity. If you have anything else you need to get on the record? MR. ANDERSON: I'd also point out that the staff report states that the traffic generated by the project will not cause a level of service problem on Immokalee Road. I'd also suggest that if you directed it so, that the road impact fees paid by this project could be pipelined to Immokalee Road. In fact, one year's road impact fee payments will pay for one of the stop lights that are scheduled out on Immokalee Road either at Oil Well or Randall. CHAIRWOMAN MAC'KIE: Well, that's something we want to look at holistically, I'd suggest, you know, whether or not we should be pipelining impact fees. It's a good point. Anything else? If not, I will close the public hearing. second on the floor. Is there any discussion on the motion? If not, all in favor, please say aye. COMMISSIONER CARTER: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Aye. Opposed? COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: There's a motion and a Motion passes four to one. Page 160 RESOLUTION 99- 4 2 0 N OV - 9 1999 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN EARTHMIN1NG- EXCAVATION OF FILL MATERIAL CONDITIONAL USE "l" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST AND SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "1" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by R. Bruce Anderson, Esquire of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing the SR-846 Land Trust, with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein NOV - 9 1999 be and the same is hereby approved for Conditional Use "1" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for earthmining in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ T~. day of.~x'~ r~Z.m~.~.l'~.,_ 1999. :..ATTEST: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA . Y~MAN 'DWIGHT E."BROCK, Clerk ,Attest if to AP3{~Ved as to Eom ~ast~natur~ only. Legal Sufficiency: Ma~o~ M. Smdeni Assist~t County Attorney g/admin/petition/CU-99-16/RESOLUTION -2- N ov - 9 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management ~.~: Yes No S o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & ~ress Yes ~/ No C o Affect~ neighboring properties in relation to noise, glare/economic or odor effects: t/No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible us? ~fthin district Yes %,' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~_k~ul~ i~ be recommend~or a ppr oval ER .'~~~~~~~''' f/FINDING OF FACT MEMBER/ t,I O'V - 9 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management P~n: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &/egress Yes V No C o Affects neighboring properties in relation to noise, glarg, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use/ithin district Yes ~ No Based on the above findings, this conditional use should, with stipulatio~ached) (should not) be recommended for approval ( f ~V~) ~ . DATE: 9 MEMBER: f/FINDING OF FACT MEMBER/ N OV - 9 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management ~: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & eqress Yes ~/~ No Affects neighboring properties in relation to noise, glare,/economic or odor effects: ~/'No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) for approval f/FINDING OF FACT MEMBER/ (should not)~/ecommended NOV - 9 1999 FINDING OF FACT BY COLLIER C~UNTY PLANNING C~MMISSI~N F~R A CONDITI~NAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with th_e~and Development Code and Growth Managementyes 'No o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~ ~re Adequate ingress ss Yes ~No C o Affec/s neighboring properties in relation to noise, gl~, economic or odor effects: ~No affect or Affect mitigated by Affect cannot be mitigated D. ComPatibility with adj%cent properties and other property in the distr~t: Compatible usel/ithin district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval DATE: (~~e~ ~ec~nde?r MEMBER: f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-16 The following facts are found: Section 2.2.2.3.1. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Pla~ Yes / No S o C o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Affects neighboring properties in relation to noise, glare_, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use,within district Yes ~' No Based on the above findings, this conditional use should, with stipulations, ~..(c~c~- -~~d) ~t) be rec~mW~nded for approval DATE: MEMBE f/FINDING OF FACT MEMBER/ LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT-OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT "B" I / l J l CONDITIONS OF APPROVAL CU-99-16 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on September 16, 1999. Planning Services: ao The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). The conditional use approval shall be reviewed at the end of five years to determine whether additional stipulations or mitigation are necessary to insure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the following standards in their review and, in the event of the inability of Development Services and applicant to agree upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land development Code procedural requirement for appeals. The standards for review are: At least six months prior to the fifth anniversary of the Board of Zoning appeals approvals, applicant shall submit a noise study acceptable to Development Services staff to determine whether additional berming, landscape or buffers are necessary to insure compatibility with adjacent residential structures. I1. At least six months prior to the fifth anniversary of this approval, applicant will submit to Development services a Traffic Study conducted in a manner approved by County Transportation Department that assesses the level of service on County Road 846, the project's impact on county Road 846, and any mitigation needed to address this project's impacts on automotive and pedestrian safety along the affected section of the CR. 846. Additional mitigative measures that may be required include: (1) Project contribution (on a proportional share basis) to add signalization or turn lanes for other public roads within this project's Radius of Influence. -1- (2) Limitation of haul trips from the project to a maximum of 175 per 24-hour period. (3) Mitigation of abnormal wear or tear caused by this project's use of County Road 846 that are not addressed by payment of impact fees. Traffic counts, conducted on a quarterly basis, will be provided to Collier County Transportation Services in a quarterly report. The traffic counts will be taken at the project entrance, by direction (inbound and outbound), and will be conducted by fifteen-minute increments for 48 consecutive hours. Traffic counts and the quarterly report will be provided for five years. The need for quarterly reports and counts will be re-evaluated coincident with the conditional use review specified in condition (b) above. The applicant shall be responsible for the costs of engineering analysis for a traffic signal warrant study and for the total costs of any signal. The County shall be the sole determiner of whether or when a study and/or signal is needed. Further, the applicant agrees to the following additional conditions: (1) A northbound right-turn lane and a southbound left-turn lane will be provided at the entrance with Immokalee Road. These turn lanes will be site-related improvements. The turn lanes will be designed reflective of Immokalee Road as a rural arterial with 55 mph design speed. While the minimum storage length design will be based on a rural roadway and 55 mph design speed, site condition may warrant longer turn lane. (2) Advance warning signs will be provided on Immokalee Road, north and south of the project entrance. ^ total of four advanced warning signs, with flashers, will be provided. The hours that each sign shall flash will be determined by the applicant in consultation with Collier County Transportation Services. Warning signs will be placed approximately 700 feet before the entrance both on northbound and southbound directions. These signs shall read Caution Trucks Entedng Highway or some other warning agreed to by Transportation Services. Additional warning signs will be placed approximately 200 feet before the entrance in both northbound and southbound directions. The signs shall read Mine Entrance Ahead or some other warning agreed to by Transportation Services. All signs (type, size, location, etc.) shall be consistent with the Manual On Uniform Traffic Control Devices. (3) A flashing traffic signal will be provided at the intersection of the project entrance and Immokalee Road. Immokalee Road -2- eo ho ko will have the flashing yellow indication and the project entrance the flashing red. (4) Coincident with the installation of the flashing yellow traffic signal, the intersection will be illuminated with a streetlight. Hours of operation shall be 7:00 AM to 6:00 Saturday; no excavation or hauling operation Sundays. PM Monday through shall be allowed on No blasting will be permitted. The excavation shall be limited to a lowest possible bottom elevation of 25 feet below existing grade unless a permit modification is applied for through EAC and the BCC and shall be no shallower than 10 feet below existing grade. The excavation shall be limited to a bottom elevation of -1.0 NGVD. The petitioner must apply for a Vegetation Removal Permit. Environmental staff shall perform a site visit to determine the need for a vegetation Removal Permit and to check for any listed species. No work shall be done prior to that site visit. A lake littoral zone equivalent to 10 percent of the lake perimeter will be planted prior to final acceptance. A 20-foot maintenance easement dedicated to Collier County shall be provided around the perimeter of the lake. Off-site removal of material shall be subject to "standard conditions" imposed by the Transportation Services Division in the attached document dated May 24, 1988, as amended in January 13, 1998. Provide all necessary wetland permits prior to obtaining the vegetation removal permit. Prior to obtaining the vegetation removal permit that is required in conjunction with the excavation permit, the petitioner shall provide letters from US Fish and Wildlife Services and the Florida Fish and Wildlife Conservation Commission resolving all wildlife issues on the site, i.e., burrowing owls, Florida panther, Florida black bear, wood stork, etc. EXHIBIT "D" -3- COLLIER COUNTY TRANSPORTATION SERVICES "STANDARD CONDITIONS" EXCAVATION PERMIT APPLICATIONS INVOLVING OFF-SITE REMOVAL OF MATERIAL The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of conditions which may affect their projects and which should be taken into consideration during all stages of project development: Haul routes between an excavation site and an arterial road shall be private with property owner(s) approval or be a public collector road built to standards applicable to handle the resulting track traffic. Where residential areas front collector roads, appropriate mm lanes, buffer and bikepath shall be required as minimal site improvements and if recommended for approval, shall be so with the condition that the Transportation Services Administration reserves the right to suspend or prohibit off-site removal of excavated material should such removal create a hazardous road condition or substantially deteriorate a road condition; such action by the Transportation Services Administration shall be subject to appeal before the Board of County Commissioners. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102 as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64. o Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road Impact Ordinance). A traffic and road impact analysis shall be made by the County to determine the effects that off-site removal of excavated material will have on the road system within the excavation project's zone of influence. If appropriate, road impact fees in accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation permit. The Transportation Services Administration reserves the right to establish emergency weight limit~ on public roadways affected by the off-site removal of excavated material; the procedure for establishment of weight limits shall be the presentation of an applicable resolution before the Board of County Commissioners. Should weight limits be instituted, the permittee shall be responsible to implement measures to assure that all heavy truck loadings leaving the permit's property conform to the applicable weight restriction. The Excavation Performance Guarantee shall apply to excavation operations and also the maintenance/repair of public roads in accordance with current ordinances and applicable permit stipulations. Page One of Two OV - 9 199 o Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit may be appropriate. Should a blasting permit application be submitted and should residential areas exist within one mile of the excavation site, the County reserves the right to deny a blasting permit based on concerns for off-site impacts from blasting at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended are as follows: Ao Structure inventory/monitoring and applicable property owner release as required by the Development Services Director. B. Security bond applicable to private property damage acceptable to the County. Control of size/depth/number of charges per blast by the Development Services Director. The right of the County to suspend and/or revoke blasting permit authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13[98 Page Two of Two November 9, 1999 Item #14 STAFF COM/4IJNICATIONS - PRESENTED Now, do we have any staff communication, Mr. Weigel? MR. WEIGEL: Yes. Just to let you know that the -- the rocks on the beach report from outside counsel, outside consultants, should be available three weeks to a month tops. CHAIRWOMAN MAC'KIE: Okay. Thank you. Mr. Fernandez, communications? MR. FERNANDEZ: Yes. I have some communications this evening, Miss -- Commissioner Mac'Kie. The first is to call on Mr. Ilschner and tell you a little about the question you asked earlier in the meeting about the lights on U.S. 41 and when they're going up, or when they're going on. CHAIRWOMAN MAC'KIE: Or when they're going on. They're up. When are they going on? MR. ILSCHNER: Good afternoon. Ed Ilschner for the record, Public Works Administrator. The answer to that question is that the lights will be operational after the first of the year. That's the information we received from the FDOT people this afternoon. There has been some question. Will those lights be installed on both sides of the roadway? The answer is, yes, they'll be on both sides of the roadway. But the closest we could get to an answer, when it will be operational is after the first of the year. CHAIRWOMAN MAC'KIE: Appreciate you trying and getting that and would you mind giving a call to the Morones? They're the ones who asked the question. MR. ILSCHNER: We certainly will. CHAIRWOMAN MAC'KIE: Thank you. MR. ILSCHNER: Thank you. COMMISSIONER NORRIS: Mr. Ilschner, that -- typically, they don't turn those lights on until the project is completed, is that -- MR. ILSCHNER: That is correct and they'll be complete at the end of December and then they have to install the lights on the far side. Correct. Item #15 EXECUTIVE SESSION TO BE HELD AT THE CONCLUSION OF THE MEETING IN THE BCC'S CONFERENCE ROOM CHAIRWOMAN MAC'KIE: Something else, Mr. Fernandez? MR. FERNANDEZ: Yes. The next comment has to deal with the reminder that you have an executive session immediately following this meeting. COMMISSIONER CONSTANTINE: I'm not attending that if the board is still having it. I can't attend. Page 161 November 9, 1999 MR. FERNANDEZ: For the purposes of collective bargaining. COMMISSIONER CONSTANTINE: I'll be with you weeks later, but I won't be in attendance. MR. FERNANDEZ: And it's pursuant to Chapter 447.605 of the Florida statutes. It will be held in the board's conference room. CHAIRWOMAN MAC'KIE: Okay. And we expect it to last about how long? MR. MULHERE: Half an hour. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: A half hour. COMMISSIONER CONSTANTINE: There are two concerns I have. Commissioner Norris and I were on the board when this -- the law was passed that the state first allowed this. We've only had an attempt to have an executive session once before and the board declined to do that. I understand the reasons for it. I also understand the reasons for the Sunshine Law and, personally, I feel like this is one of those things that we could take time to greet each individual commissioner. It's more cumbersome, but I would be more comfortable protecting the perception of what the board might be talking about behind closed doors. Secondly, at this late hour, I'm booked to be elsewhere with the Optimist Club, so I can't stay, but just on principal, I'm not comfortable doing that anyway. CHAIRWOMAN MAC'KIE: Any other communications, Mr. Fernandez? MR. FERNANDEZ: No others. CHAIRWOMAN MAC'KIE: Okay. Thank you. Commissioner Berry? COMMISSIONER BERRY: No. I just feel the comment I would make in response to Commissioner Constantine's concern about using that, there's only two situations that you can do it, have an executive session, and one is for litigation, and one is for collective bargaining. Having worked on the school system side of this for ten years prior to, we did use this and it was always well known and at some point in time, and maybe Mr. Blue can elaborate on this, but we even took minutes in that meeting and then after the fact those minutes were available. I'm -- you know, after you went through your negotiations, whatever, it was available to the public, so it wasn't something that was highly secretive, but it is in the best interest of this board to -- to do this. COMMISSIONER CONSTANTINE: I completely understand. I have no intention to make any passionate stance on this. COMMISSIONER BERRY: Yes. But I'm just -- CHAIRWOMAN MAC'KIE: It's a great idea. Are we planning on doing that as far as minutes, Mr. Weigel? MR. WEIGEL: It was my understanding that there was not an intention to take minutes. It's not required under the Sunshine Law. Page 162 November 9, 1999 It's -- this is an executive session for discussion of negotiating policy and strategy, things of that nature. CHAIRWOMAN MAC'KIE: I sure would be more comfortable if we were. How difficult would that be to arrange it at this point, I mean, a verbatim -- can you stay half an hour? THE COURT REPORTER: Yes. CHAIRWOMAN MAC'KIE: Would you consider just -- well, we'll get advice from our attorney on that. I'm getting waived at in the back of the room, but if the school board has done it that way before, I like the idea. COMMISSIONER CARTER: Yeah, because it's public record and I think it's not a good idea. CHAIRWOMAN MAC'KIE: Well, okay. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes, sir. MR. FERNANDEZ: I believe it's required for litigation. COMMISSIONER BERRY: For litigation. MR. FERNANDEZ: It's not required -- COMMISSIONER BERRY: It's not required for negotiation. MR. FERNANDEZ: -- for negotiation. CHAIRWOMAN MAC'KIE: Well, why would it be a bad idea? COMMISSIONER BERRY: I would stand -- well, because it -- Pam, otherwise you are laying out -- CHAIRWOMAN MAC'KIE: Oh, no, no, no. I mean, to be made public at the conclusion of the negotiations. MR. BLUE: May I respond? CHAIRWOMAN MAC'KIE: I wish you would. COMMISSIONER BERRY: Sure. Go ahead. CHAIRWOMAN MAC'KIE: Identify yourself for the record, please. MR. BLUE: Yes. Jim Blue, and I represent the county in collective bargaining. The reason that it is not a good idea is because negotiations is an ongoing process. We have a meeting -- we have negotiations this year. We may have a one-year contract. We may have a three-year contract. Issues that come up this year that we may not accept -- CHAIRWOMAN MAC'KIE: Okay. MR. BLUE: -- and we will discuss them in the shade will come up in the end in the future. COMMISSIONER BERRY: Well, and not only that, it becomes pretty evident what you did discuss -- MR. BLUE: It becomes very evident. COMMISSIONER BERRY: -- because of negotiation -- CHAIRWOMAN MAC'KIE: I understand now. COMMISSIONER BERRY: -- but it's the strategy and so forth that, you know, if you say, well, you're going to do this based on something or other, that's fine -- CHAIRWOMAN MAC'KIE: I understand. COMMISSIONER BERRY: -- but -- and I'll stand corrected because I believe, Mr. Fernandez, you're right, litigation was what we -- we did that and not in collective bargaining. I stand corrected. Page 163 November 9, 1999 CHAIRWOMAN MAC'KIE: No problem. Commissioner Norris, any comments, communications? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: None. CHAIRWOMAN MAC'KIE: Commissioner Constantine? COMMISSIONER CONSTANTINE: Thursday, Veterans Day, Cambier Park. Hope to see you all there. CHAIRWOMAN MAC'KIE: I have no communications and we will -- do we adjourn, David? Do we continue? What do we do? MR. WEIGEL: This adjourns and we then move to executive session in a different premise. CHAIRWOMAN MAC'KIE: So, we're adjourned. ***** Commissioner Norris moved, seconded by Commissioner Carter and carried unanimously, that the following items under the Consent and Summary Agenda be approved and/or adopted with the exception of Item 16B13, which was opposed by Commissioner Constantinel ***** Item #16A1 CARNIVAL PERMIT 99-10, RE PETITION CP-99-10, TERRY WOLFSON, PRESIDENT, COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC., REQUESTING A PERMIT TO CONDUCT THE ANNUAL COLLIER COUNTY AGRICULTURAL FAIR ON JANUARY 7 THROUGH 15, 2000, AT THE COLLIER COUNTY FAIR GROUNDS LOCATED ON IMMOKALEE ROAD (SR-846) NORTH GOLDEN GATE AND WAIVER OF APPLICATION FEE, OCCUPATIONAL LICENSE AND SURETY BOND. Page 164 Permit No.CP- 9 9 - 10 PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Collier County Agriculture Fair and Exposition, Inc., has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival; and WHEREAS, Collier County Agriculture Fair and Exposition, Inc., has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and WHEREAS, said Collier County Agriculture Fair and Exposition, Inc., has requested a waiver of the Carnival Fee, Surety Bond and Occupational License; NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Collier County Agriculture Fair and Exposition, Inc., to conduct a carnival from January 7 through January 15, 2000, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairwoman of said Board and Seal of said County, attested by the Clerk of Courts .,' .; ~' in ahdfor ~ajd County this 3' ~' '" .i ' '~.' 3' ..; .' :'(<'.4TTEST:' .'i' :: ~ ~' :' :7 ,,'.:D~?HT E. BRocK, Clerk 2 ~ - ' - '7.." -d' .'-.- s and Legal Sufficiency: Maqo~MYSmdent Assistant CounW A~omey g/admin/C-99-10/CM/im dayof ~_~ e~__~ .~?- ,1999 BOARD OF COUNTY COMMISSIONER2~ ?AMELA S. MAC'KIE, CHA1TgWOMAN / November 9, 1999 Item #16B1 CHANGE ORDER TO THE CONTRACT WITH WITH MITCHELL & STARK CONSTRUCTION COMPANY, INC., FOR THE RECLAIMED WATER BACK PRESSURE SUSTAINING VALVES PROJECT, CONTRACT 98-287&, PROJECT 74020, IN THE AMOUNT OF $30,645.00. DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28, 1999. Page 165 November 9, 1999 Item #16B2 BUDGET AMENDMENT TO TRANSFER FUNDS FROM GAS TAX RESERVES TO COVER CONSTRUCTION MANAGEMENT AND INSPECTION IN FISCAL YEAR 2000 FOR THE PROPOSED PATHWAY ON U.S. 41, PROJECT #61009. Item #16B3 NEGOTIATE RFP #99-2962 WITH LAW GIBB GROUP, INC., ARDAMAN AND ASSOCIATES, ASC GEOSCIENCES AND FORGE ENGINEERING FOR FIXED TERM MATERIAL TESTING SERVICES AND EXTEND EXISTING AGREEMENT IN RFP 95-2388 FOR SIXTY DAYS. Item #16B4 AGREEMENT WITH TILDEN LOBNITZ COOPER, INC. AND ANCHOR ENGINEERING CONSULTANTS, INC FOR FIXED TERM MECHANICAL/ELECTRICAL ENGINEERING SERVICES IN ACCORDANCE WITH RFP #99-2929. Item #16B5 AMENDED WORK ORDER TLC-M/E-98-2 WITH TILDEN LOBNITZ AND COOPER, INC. TO PROVIDE ADDITIONAL ENGINEERING SERVICES FOR MASTER PUMPING STATIONS MOTOR CONTROL RENOVATIONS, PROJECT 73044, IN THE AMOUNT OF $3,000.00. DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28, 1999. Page 166 November 9, 1999 Item #16B6 ACCEPTANCE OF UTILITY EASEMENT FOR IRRIOATION FACILITIES FOR THE BEAUTIFICATION OF THE IMMOKALEE ROAD MEDIAN AND ANY AND ALL ADDITIONAL EASEMENTS AS MAY BE NECESSARY TO COMPLETE THE PROJECT AND AUTHORIZATION TO EXECUTE AND RECORD ALL DOCUMENTS NECESSARY TO OBTAIN CLEAR TITLE. Page 167 PROJECT: Collier's Reserve Median Irrigation NOV 9 !999 UTILITY EASEMENT THIS EASEMENT, made and entered into this''):3 ~..~ day of ~ 19~_~., by COLLIER DEVELOPMENT CORPORATION, a Flor~ ~'orporation, t~vhose adc~re~s is 3003 Tamiami Trail North, Naples, Florida 34103, as Grantor and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WlTNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a non-exclusive easement, license, and privilege for utility and maintenance purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which' is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, pipes, service and pump stations, and other equipment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. This easement shall expire when another alternate waterline is installed offering full time operation and providing water to the subject pumping facilities, or on December 31, 2005, whichever occurs first. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. IN THE PRESENCE OF: ~(Print Name) SECOND NE~ ( 'g ) (Print Narhe) .,,%3,~ ...... ; .... ',,,, cOLLIER DEVELOPMENT CORI~OFT~T~I a Florida corporation ,',."; '",t '~. ·. / ,,,.. ~y. ~ ~~ '.~>., ~effrey. U. Birr,/~ President STATE OF FLORIDA COUNTY OFCOLLIER The foregoing Utility Easement was acknowledged before me this ~ f'&- day of ~, 1999, by Jeffrey M. Birr, Vice President, on behalf of Collier Development Corporation, a Florida corporation, and wh___o is p__e_rsona_lly known to me or has produced as identification (Affix notarial seal) _ NXhlC¥ LYNN HALL ~":.~,'T~ COMMISSION # CC 640455 EXPIRES JUN 24, 2001 : ~ONDED THRU ~'~0F ATLANTIC BONDING CO., INC. (S'gn t r '(FJfint NaYne of Notary) Commission # CC. ~'-I ~ 5-5'- My Commission Expires: ...... EXHIBIT A ..... ~. Page//,. of z,- -~ I ~ ~ _~ / I -- ~ ~ / November 9, 1999 Item #16B7 STAFF TO SCHEDULE PUBLIC HEARING FOR DECEMBER 14, 1999, TO CONSIDER AMENDING ORDINANCE 71-2, THE COUNTY-WIDE LIGHTING ORDINANCE, AS AMENDED, TO PROVIDE STREET LIGHTING IN WILLOUGHBY ACRES, FLAMINGO ESTATES, BROOKSIDE AND COCONUT CREEK ESTATES. Item #16B8 BUDGET AMENDMENT TO THE CLAM BAY RESTORATION FUND, (320). Item #16B9 WORK ORDER AMENDMENT #WMBP-FT-99-03-A01 FOR WILSON MILLER, INC., FOR FIXED TERM PROFESSIONAL ENGINEERING SERVICES RELATED TO THE SIGNALIZATION DESIGN OF LIVINGSTON ROAD, (RADIO ROAD TO GOLDEN GATE PARKWAY), PROJECT NO. 60061, IN THE AMOUNT OF $18,904.42. DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28, 1999. Page 168 November 9, 1999 Item #16B10 - CONTINUED TO 11/23 MEETING Item #16Bll REJECTION OF BIDS RECEIVED UNDER 98-2851 AND AUTHORIZATION OF CONTINUED PURCHASE OF BIOXIDE FROM U.S. FILER FOR CONTROL OF HYDROGEN SULFIDE ODOR FOR THE WASTEWATER COLLECTION SYSTEM. ~Item #16B12 NOTICES OF CLAIM OF LIEN FOR ENFORCEMENT OF THE NOTICE TO PAY SEWER IMPACT FEE FOR CERTAIN PROPERTIES AS LISTED IN THE EXECUTIVE SUMMARY, LOCATED IN THE FORMER ROOKERY BAY SEWER SERVICE AREA. Page 169 This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2555243 OR: 2610 PG: 1852 RgCORDBD in O~FIClAL R~CORDS of COLLIBR COUNTY, FL 11/10/1999 at 12:35P~ D~IGH? g, BROCK, CLgRK R~C ~ ~.00 Regn: ~x? 7240 Folio Number: 48482240000 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit No. C-306, of Gulf Winds East, a condominium, as recorded in Condominium Plat Book 4 at Pages 153-154, of the Public Records of Collier County, Florida, together with the pro-rate interest in the common elements, and common property, of the condominium and limited common elements appurtenant thereto, more particularly delineated and identified in the Declaration of Condominium of Gulf Winds East, a condominium, as recorded in Official Records Book 508, at Page 165 through 224, inclusive, as completely amended in Official Records Book 939, Pages 1170 through 1236, and as amended by the Final Surveyor's Certificate and other amendments thereto. The mailing address of this property is 1024 Manatee Road, Apt C-306, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by REBECCA M. COLLISON, whose post office address is 102 Wooden Ridge Road, Swanton, Maryland 21561. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from June 7, 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this , "'.ATTEST; .... -:' . DWIGHT E: BROCK, CLERK : : ' ' ",'~'~','"'-':..> "i: · ' :i : , ; . /., ..-- :. : ~ -;, : , , , ., , ..- ...... kttest l$ to stgs&ture BOARD OF COUNTY coMMISIONERS . 'r COLLIER COUNTY, FLORIDA, AS ' i ~*:" THE GOVERNING BODY OF COLLIERI: .' ' COUNTY AND AS EX-OFFICIO THE i.,:, - GOVERNING BOARD OF THE COLLIE/R "" ~; t/PAMELA S. MAC'KIE, / CHAIRWOMAN This instrument prepared by: Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 *** 2555244 OR: 2610 PG: 1853 ** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, PL 11/10/1999 at 12:357% DWIGHT E, BROCK, C~ERK Rets: c~m TO ?,E ~mO ~OV 0 9 1999 INTHOHICE 4TH FLOOR HT 7240 Folio Number: 48484160007 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Unit F-105, of that certain condominium known as Gulf Winds East Condominiums Unit 1, according to the Declaration of Condominium thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida, in Official Record Book 508, pages 165, et seq., as may be amended, together with said Unit's share of the common elements appurtenant thereto. The mailing address of this property is 1014 Manatee Road, Apt. F-105, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by WlNFRED H. MCMAHAN AND IMOGENE MCMAHAN, husband and wife, whose post office address is 4332 Jones Cove Road, Sevierville, Tennessee 37876. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from June 6, 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. ", Dated this ATTEST.: '. DWIGHT E.?BROCK, CLERK . ,' :,,'>',.'~ . . ,"-i'." Attest as to Chatr~tn'$ signature onl$. day of ~X~,t~, 1999. BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER · COUNTY AND AS EX-OFFICIO THE :' GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT P ~/AMELA S MAC' , BY: This instrument prepared by: Office of the County Attorney'T( 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Folio Number: 48480200000 *** 2555245 OR: 2610 PG: 1854 ** H~ H! ~,00 ~h]Rl ?0 ?H! BOARD gx? 72~0 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: That certain Condominium Parcel composed of Apartment A-105 of Unit Number 1, together with an undivided share in the common elements appurtenant thereto, in accordance with and subject to the covenants, conditions, restrictions, easements, terms and other provisions of the Declaration of Condominium of Gulf Winds East, Unit 1, as recorded in O.R. Book 508, at Pages 165 through 225, of the Public Records of Collier County, Florida. The mailing address of this property is 1000 Manatee Road, Apt A-105, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by NANCY E. STONE, whose post office address is 5322 Catts Street, Naples, Florida 34113. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $1,055.00, which principal amount shall accrue interest from June 5, 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this ~'¥~, day of ]~mC~al~a,~, 1999. ,,, ~:,..;, BOARD OF COUNTY COMMihON Rs COLLIER CO~TY, FLO~DA;AS ~:'~" THE GOVE~G BODY OF COLLIER' CO~TY ~ AS EX-OFFICIO THE GOVE~G BO~ OF THE COLLIER'? CO.TV WATER-SE~RD!ST~CT / '.;.... ' -,: ,,(~ .: BY: ?~ELA S. MAC'~E, CH~RWOM~ This instrument prepared by: Office of the County Attorney"l ( 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Folio Number: 68343960001 *** 2555246 OR: 2610 PG: 1855 ** RECORDED in 0~FIglAh RECORDS of COLLIER COUNTY, PL HC H~ 6.00 ReCn: CCBRI TO TH! BOAID NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Lot 102, PORT-AU-PRINCE MOBILE SUBDIVISION, according to the plat thereof recorded in Plat Book 13, Page 51, Public Records of Collier County, Florida The mailing address of this property is 102 Moon Bay Street, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by JOHN LEE BARRETT and KATRINA M. BARRETT, husband and wife, and whose post office address is 810 Merry Lane, Greenwood, Indiana 46142. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $69.18, which principal amount shall accrue interest from April 27, 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this % .-~... day of [}~z~l~l,_, 1999. .. BOARD OF COUNTY CO~SIONER's",',., COLLIER COUNTY, FLORIDA, A.~ "',., '~' THE GOVEm, qI~G BODy OF coLUER~, :~:%.~: COUNTY AND AS EX-OFFICIO THE '-/~' GOVERNING BOARD OF THE COLLIER .':i :~: COUNTY WATER-SE~ DISTR,~T i~ ::' :'..~' c/ P B/Y/ LA S. MAC'rdE,/' CHAIRWOMAN / This instrument prepared by: Office of the County Attorney-- 3301 East Tamiami Trail I Naples, Florida 34112 (941) 774-8400 Folio Number: 68344080003 *** 2555247 OR: 2610 PG: 1856 ** RECORDED in OFFIClA~ HCORD8 of COLLIBR COUN?I, FL II/10/1999 at 12:35ea DWIGHT K, BROCK, CLHK RIC HK 6.00 Regn: cLm ?o ?HS KORYO ~OV 0 9 1999 INTBRO~ICK t?H gLOOR KXT 72~0 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Lot 105 Port-Au-Prince, according to the Plat Book 13, Page 51, of the Public Records of Collier Count, Florida The mailing address of this property is 105 Moon Bay Street, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by TIMOTHY LYNN CARMAN and MARY ANNE CLARY, Joint Tenants with Right of Survivorship, whose post office address is RR #2, Box 7092, Fort White, Florida 32038. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $69.18, which principal amount shall accrue interest fi.om April 26, 1999, at the statutory interest rate for final judgments, calculated on a calendar day basis until paid. Dated this ~..~... day of ~_tzl~lx~e,l~, 1999. :/,.~: i. ~ATTEST:, -' DWIGH~ B. BROCK, CLERK f .'!': ,.' ;':/''":' ":'"': : [ -c ..':// ' - .' ~-,,--:..!;.: ' 7,:' - - st$~ture on15. ..~ .... l.; OARD OF COUNTY COMMISIONER$;. COLLIER COUNTY, FLORi~A, AS THE GOVERNING BODY OF' COLLIE~; COUNTY AND AS EX-OFFicIo THE GOVERNING BOARD OF'~fHE COLLIER COUNTY WATER-SEWER DiST ,~,,CT/ BY: ~ CHAIRWOMAN This instrument prepared by: Office of the County Attomey~ 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 25552 8 OR: 2610 PG: 1857 RICORD~D in OFFICIAL RECORDS of COLLIER COUN?¥, ~L RBC ~B! 6.00 Re~n: CLBRK TO ?H! BOARD 7240 Folio Number: 68341600004 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Lot 42, Port-Au-Prince, according to the plat recorded at Plat Book 13, Page 51 of the Public Records of Collier County, Florida. According to the Public Records of Collier County, Florida, the described property apparently is owned by FRANCISCO and PAULA OBREGON whose post office address is the same as the property address is 42 Moon Bay Street, Naples, Florida 34114. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal amount of $69.18, which principal amount shall accrue interest from April 24, 1999, at the statutory interest rate for final judgments, ealc~|ated on a calendar day basis until paid. ,;, .... ;~L4-,.!¢.~. Dated this ~'t~. day of ATTEST:,,- .D~0HT E. BROCK, CLE~ Attest as to Chat~n's signature ~1~. 1999. ... BO~ OF CO~TY ~OMMISIO~RS/ COLLIER CO~TY, FEO~A, AS CO~TY ~ AS EX-OFFIGIO THB~. ~VE~G BO~ oF:&HE COLLIER,.)": CO~TY WATER-SE~R DISTmCX: / C~RWOM~~ This instrument prepared by: ^11~1 ./,,-'-'// Office of the County Attorney'S1 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Folio Number: 68344120002 *** 2555249 OR: 2610 PG: 1858 ** ll/10/19H at 12:35Pa DaIGH? 8, BROCK, CLBH HC H! 6.00 Retn: ?o som 0 9 H? 7240 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 98-69; Chapter 88-499, Laws of Florida, and other applicable provisions of law, The Board of County Commissioners of Collier County, Florida, as the Governing Board of Collier County and as Ex-officio the Governing Board of the Collier County Water-Sewer District, hereby files this Notice of Claim of Lien for Sanitary Sewer System Impact Fees on the following described real property located in Collier County, Florida, to wit: Lot 106, Port-Au-Prince, according to the Plat recorded at Plat Book 13, Page 51 of the Public Records of Collier County, Florida. The mailing address of this property is 106 Moon Bay Street, Naples, Florida 34114. According to the Public Records of Collier County, Florida, the described property apparently is owned by PHILIP SMITH and PHYLA SMITH, whose post office address is 1027 Admiralty Court, Marco Island, Florida 34145. This Notice of Claim of Lien for Sanitary Sewer System Impact Fees is in the principal mount of $69.18, which principal amount shall accrue interest fi.om April 24, 1999, at the statutory interest rate for final judlo'nents, calculated on a calendar day basis until paid. Dated this .-,' .:.:~ .. ,'-ATTEST.. z .="':~":,/::~: (~pmGHT'":B..'-.BROCK, CLERK - :,[ : .~; >'.. ',,,,('.. · .; ~,.,:..: ~ .... ~ .! ,~'r.,L -.. ,' * ' '::, '"'7'~: "; : :.: ' ,".' ,:, <,;,_'.' ., ~ .2. · .. Kttest as to (:hMman'$ day of ~l~,~t~, 1999. .~:: .... C J~'~: ~: {'q'~'~""~" ' ',~, oF COLLIER CO~TY, ~ODA, THE GOVE~G BODY.O~ COELI~ .,,.., . .,~ ~;,~t.~ e,~ }~,., t~'' ' November 9, 1999 Item #16B13 AGREEMENT TO PURCHASE A WIND BASED ODOR CONTROL SYSTEM FROM ERIC~SONS FOR THE NAPLES LANDFILL IN THE AMOUNT OF $248,880. (OPPOSED BY COMMISSIONER CONSTANTINE) Page 170 WIND BASED ODOR CONTROL SYSTEM AGREEMENT THIS AGREEMENT, made and entered into on this ~, .n~.. day of ~,.w~.o_ , 1999, by and between Eric'sons, a Chapter "C" corporation organized under the laws of the State of Nevada, hereinafter called the "Contractor", and Collier County a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County": WITN,ESSETH: COMMENCEMENT. This Agreement shall commence on the date of the issuance of a Notice to Proceed to the Contractor by the Project Manager. The County Administrator or his designee may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred eighty (180) days. The County Administrator, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term not less than ten (10) calendar days prior to the end of the Agreement term then in eff'ect. STATEMENT OF WORK: The Contractor shall furnish, install, start-up, test, warranty and maintain for a one (1) year period the Wind Based Odor Control System ("System") as described in Exhibit A, to be powered by electricity. Installation of said system is to control odor generated from Phase III of Cell 6 in the Naples Landfill located on C.R. 951. The Contractor shall provide anchor bolt drawings, foundation designs for concrete fan bases, ~stem layout drawings and electrical distribution and control plans. The Contractor ~all also provide training of County and contracted landfill operations personnel (~a the operation of the system. The Contractor shall provide engineering for the concrete ftm bases but is not responsible for the cost or installation of same. The County shall be res~cmsible for the power supply to the thirteen (13) fans, control wires from the weather stolon to each of the motor starters located at each fan, and the concrete foundations ~r each fan. AGREEMganlT SUM: The County shall pay the contractor for the performance of this Agreement the amount of Two Hundred Forty-eight Thousand Eight Hundred Eighty Dollars ($24g,g80.00). COMPENSATION. The County shall pay the Contractor for the performance of this Agreement upon completion of the work as accepted and approved by the Solid Waste Director or his designee and upon receipt of a proper invoice. Payments shall be made to 'ff~e Contractor when requested as work progresses, but not more frequently than once per month, for the actual hours worked and deliverables received in the preceding month, less 10% retainage for each deliverable. Upon final acceptance of all deliverables, equipment and the successful operation of the system by the County, the County will pay the N OV 9 contractor the total amount withheld. Payment w~l be made within thirty (30) days upon approval of work and materials and receipt of a proper invoice and in compliance with Section 218.70, Fla. Stats., otherwise known as the "Florida Prompt Payment Act". PROGRESS PAYMENTS: Contractor's first monthly Application for payment shall be based on the Schedule of Values shown in Exhibit A. The Contractor's request for payment shall be made on the Form of Contract Application for Payment (Exhibit B) and accompanied by a Release and Affidavit Form (Exhibit C). NOTICES: All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following address: Larry J. Finn Eric'sons 300 W. Memorial Drive Dallas, GA 30132 770-505-6003 All notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County at the following address: Collier County Government Complex Purchasing Department 3301 East Tamiami Trail General Services Building Naples, Florida 34112 The Contractor and the County may change the above mailing address at any time upon giving the other party written ~otification. All notices under this Agreement must be in writing. PAYMENT BONI}: In lieu of the Contractor providing a Payment Bond, Contractor agrees that the County shall make direct payment to the Contractor's equipment suppliers hereunder, not to exceed the amounts for components described on Exhibit A hereof. AGREEMENT IYI3IE: Time is of the essence in the performance of the Work under this Agreement. The "Commencement Date" shall be established in the Notice to Proceed to be issued by the Project Manager. Contractor shall commence the Work within five (5) calendar days from the Commencement Date. Any Work performed by Contractor prior ix~the Commencement Date shall be at the sole risk of the Contractor. The Work shall be suM~tan~ially completed within ninety (90) calendar days from the Commencement Date. Tt~ dam' of substantial completion of the Work (or designated portions thereof) is the date certifi:ed' b5r the Project Manager when construction is sufficiently complete, so the County can occupy or utilize the Work (or designated portions thereof) for the use for which it is intended as indicated on the Certificate of Substantial Completion (Exhibit D). The work 2 1999 shall reach final completion and be ready for final acceptance by the County within one hundred twenty (120) calendar days from the Commencement Date (herein "Agreement Time"). Upon final completion, the Final Payment Checklist (Exhibit E) shall be issued by the Project Manager to the Contractor. WARRANTY: Contractor shall warranty all equipment against defects in material and workmanship for a period of one (1) year. The one (1) year maintenance contract :'equirement covers the operational aspects of the entire system. The Contractor shall be responsible for the cost of attenuation of noise produced by the system in excess of 50 decibels on the audible scale at a distance greater than 1000 feet from the landfill property 10. MAENTENANCE: Contractor shall provide maintenance for a one (1) year period, to include all transportation costs for Contractor personnel, parts and labor, and any other costs required to maintain the system in one hundred percent (100%) correct operating condition. 11. LITERATURE: The Contractor shall furnish the following to the County · A. Two (2) Operator Manuals B Two (2) Repair Manuals C. Two (2) Parts Manuals 12. SOFTWARE: The "Software Package" fur:5.,hed by the Contractor to run the Energy ~qaving Control system shall include the source c~dc and all future upgrades. NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a pa:-rnership between the County and the Contractor or to constitute the Contractor as an ,~¢ent of the County. PERMITS, LICENSES~ TAXES: In compii;~nce with Section 218.80, F.S., all permits ,'~cc~ssary., for the prosecution of the Work shall l~o obtained by the Contractor. Payment for ali ;ucin permits issued b'y the County shall be processed internally by the County. All non- ,,'_',.~:~tv permits necessary,', for the prosecution c~f rile Work shall be procured and paid for by ti~c Ccmtractor. The Contractor shall also be qc~ie!v responsible for payment of any and all ~.:,~._~ !evied on the Contractor. In addition. :t~e Contractor shall comply with all rules, ::~:ct:!ations and laws of Collier County, the State of Florida, or the U.S. Government now in ~< ~'.cs ~r hereafter adopted. The Contractor agrees to comply with all laws governing the ?,~:9,msibility of an employer with respect to persons employed by the Contractor. Florida - --~ :-:menr of Environmental Protection Pern',it~ ,.~ill be the responsibility of the County. 15. '~, ' 75~.I?-'tIOPER USE: The Contractor will :q~t use, nor suffer or permit any person to use i~: ~,::v mamner whatsoever, County facilities I',~r :my improper, immoral or offensive purpose, ,~' 2'~- any purpose in violation of any feder:~i, state, county or municipal ordinance, rule, ,,;,~: ~r t-egulation, or of any governmentai r~tic or regulation now in effect or hereafter 3 enacted or adopted. In the event of such 'Ao!ation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the fight to suspend the Contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 16. TERMINATION: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. 17. NO DISCRIMINATION: The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 18. INSURANCE: The Contractor shall provide insurance as follows: Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This Shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage mu~ include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on both the Comprehensive General Liability and Business Auto LiabiliVy Policies. Cara'ent, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. Renewal certificates ~1. be sent to the County 30 days prior to any expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. 4 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 19. INDEMNIFICATION: The Contractor, in consideration of One Hundred Dollars ~$i~)0.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees fi.om ail ~uirs and actions, including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor's obligation under this provision shall not be limited in any way by the agreed upon agreement price as shown in this Agreement or the Contractor's limit of, or lack of, sufficient insurance protection. The first One Hundred Dollars ($100.00) of money received on the agreement price is considered as payment of this obligation by the County. This section does not pertain to any incident :.~rising from the sole negligence of Collier County. 20. THIS AGREEMENT shall be administered ~m 5ehalf of the County by the Solid Waste Department. 21. COMPO, NENT PARTS OF THIS AGREEMENT: This Agreement consists of the at~ached .;omponent part'~, all of which are as ~,lx a part of the contract as if herein set out verbatim Insurance Certificate(s) and .Exhibits :\ through F. 22. Si'B.~ECI' TO APPROI~RIATION. It is fur:i:~.:' cmderstood and agreed, by and between thc parties herein that this Agreement is subjec: '~; appropriation by the Board of County C~m~rnissi(~.'ners. 23. M()OIFI(2~TION No ,~aodification or change ~o the agreement shall be valid or binding up~,n rhe pm'ties unless in 't~riting and executed by tt~c party or parties intended to be bound by ir. 24. NO \YAIVEi~. The failure of the County to enforce at any time or for any period of time any one ,;~: more o:;the provisions of the Agreement shall not be construed to be and shall not be a w;~',.-~.r of any ,,a~ch provision or provisions or or' its right thereafter to enforce each and every .r...~ ,~,,r, AGREEMENT. Each of the p,n~-,~ics hereto agrees and represents that the Ag'-e~ment comprises the full and entire agrccmc~t between the parties affecting the Work c, ........ ?,ated. and no other agreement or undersr~mding of any nature concerning the same h;~:~ "een entered into or will be recognized, and that all negotiations, acts, work performed, or 5 payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. 26. SEVFe/tABILITY. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. 27. CltANGE ORDER AUT}tORIZATION. The Project Manager shall have the authority on behalf of the County to execute all change orders to the Agreement to the extent provided for under the County's Purchasing Policy and accompanying Administrative Procedures and as exhibited on the Change Order form attached hereto as Exhibit F. 28. GOVERNING LAW: This Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Any disputes of this Agreement shall be governed by the Courts of Collier County, Florida. 29. VENDOR PERFORMANCE EVALUATION. Collier County has implemented a Vendor Performance Evaluation System for all contracts awarded in excess of $25,000. To this end, the Contractor will be evaluated on its performance upon completion/termination of this Agreement. 30. YEAR 2000 COMPLIANCE. Collier County requires all vendors doing business with the County to be Year 2000 compliant. Contractor shall take all necessary and appropriate steps to proactively ensure that all technologies, systems, equipment and processes critical to the Contractor's ability to provide required products/services to the County will be. able to function properly as of January 1, 2000. 31. BUY BACK PROVISION. If, after a twelve (12) month period following the acceptance of the system, said system fails to control odor generated from Phase III of Cell 6, the Contractor agrees to t~uy back the system at sixty percent (60%) of the original purchase price of $248,880. Failure of said system to control odor will be determined solely by the County based on events of odors generated from Phase III Cell 6 and detected outside the total landfill site boundary. The Contractor will buy the system back within two hundred seventy (270) days of notice by the County. The system will remain the property of the County until payment is made. The Contractor will have ninety (90) days to remove the system after payment. IN WITNF~S WItEREOF, the Contractor and the County, have each, respectively, by a authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: r),,% z. ~ook, C~k o~ Cou~ ~y,i,,~/~~~/~.~c°m~ COUNTY, F~Om^ ~ .' BY: i ~/,,~. ~ .~e~\~,, i i5.~ · .~0 ~/~1¢. Mac'Kie, Chai/oman First4Vit-m~ ...2 ~vpe/'Drint Witness Name Secon~imess Type/Print Wi, tress Name Eric'son~, //~ (~// ContraCtor /// 6//-' /~gn~re Typed Signature Title CORN )RATE SEAL ( Corporations Only) Approved as to ~oma and Iv. gal ,<ulEciency:: }~bcrt gacha~' /~sistant County ,~torney 7 EXHIBIT A SCHEDULE OF VALUES One (1)Energy Saving Control System Soft:ware Four (4) 100 hp Wind Machines One (1) 100 hp Virtual Chimney Eight (8) 10 hp Mariah Fans One (1) System Engineering One (1) Installation, Start-up and Testing Five (5) 100 hp Starters and Disconnects Eight (8) 10 hp Starters and Disconnects 20% Office Fee $10,000.00 each $20,000.00 each $30,000.00 each $5,000.00 each $10,000.00 each $25,000.00 each $2,000.00 each $300.00 each $41,480.00 each EXHIBIT B FORM OF CONTRACT APPLICATION FOR PAYMENT (County Project Manager) .(County Department) Project No. Collier County Board of County Commissioners (the OWNER) Application Date FRO.Xi: .(Contractor's Representative) Payment Application No.__ .(Contractor's Name) for Work accomplished through: (Contractor's Address) the Date RE: ~ (Project Name) Original Contract Time: Revised Contract Time: Original Contract Amount: $ Total Change Orders to Date $ Revised Contract Amount $ Total value of Work Completed and stored to Date $ compiered to Date: Total earned Less Retainage $ Percent Contract Less previous payment (s) $ Time completed t,o Date \X1OUNT DUE THIS x. P P LICATION: ATTACH SC,JltEDULE OF VALUES AND AC('OXlPANYING DOCUMENTATION TO THIS APPLIC..\TION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all l?~evious progress payments received fi'om OWNF. R on account of Work done under the Contract regerrcd ~o above ;[~ave been applied to discharge in full all obligations of CONTRACTOR irrurreci in connectiov, with Work cow',red by prior .Applications for Payment numbered 1 through .... reclusive; (2) ti'2'e to all materials and equipment incorporated in said Work or otherwise list~zd i~: .r covered by' this Application for Paymen', v, iii pass to OWNER at time of payment free and~ .:tc::r of all liens, claims, security interests and encumbrances (except such as covered by Bond ,~'- ';' ~ to O~VNER); (3) all amounts have been paid for work which previous payments were acc,.,.t~,t_ ~ issued :,nd received from the OWNER and that current payment is now due; (4) and CO: ~ t,,.',~CTOR agrees that all overruns as sho~n on the monthly estimate summary shall, in fact. l:,.c .,ided to the revised contract and shall be incorporated into a future Change Order: By CONTRACTOR: (Comractor's Name) (Signature) DATE: (Type Name & Title) (shall be signed by a duly authorized representative of CONTRACTOR) Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager: __.(signature) DATE: (Type Name and Title) l0 COLkNT¥ OF COLLIER ) STATE OF FLORIDA ) EX~I[BIT C RELEASE AND AFFIDAVIT FORM and Before me, the undersigned authority, personally appeared who after being duly sworn, deposes (1) In accordance with the Contract Documents and in consideration of $ paid, ("Contractor") releases and waives for itseff and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in commct or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner. dated ,1999 for the period from to (2) Contractor certifies for itseff and its subcontractors, matcrial-mcn, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demnnd against any payment bond might be filed, have been l'ullx satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless ( )x~ ncr from all demands or suits, actions, claims of liens .or o thcr charges filed or asserted against the Owner a ris~ n~ out of the performance by Contractor of the Work cox'cr~:ci by this Release and Affidavit. (4) 'This Release and Affidavit is given in connection with Contractor's [monthly/final] Application for Payment No. CONTRACTOR Presizi:m WitI1C:~..< s BY: ITS; D.ATE: STATE TI:o foregoing/~lrumcnt was acknowledged beforc mc ti,s__ 1999. [:,. , as day of of ,a [Corporate Seal] corporation, on behalf of the corporation. He/she is personally known to me or has produced identification and did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL SEAL) (Signature of Notary) ~egibly Printed) Nota~, Public, State of Commissioner No.: 12 N OV 199 EXHIBIT D CERTIFICATE OF SUBSTANTIAL COMPLETION OWN~ER' S Project No. PROJECT: ENGINEER'S Project No. CONTRACTOR Contract For Contract Date This Certificate of Substantial completion applies to all Work under the Contract documents or to the following specified parts thereof: To OWNER And To The Work to ~ich this Certificate applies has been inspected by authorized representatives of OWNER. CON_TRACTOR AND DESIGN PROFESSIONAL, and that Work is hereby declared to be substanti~l~ complete in accordance with the contract documents on: DATE O F SUBSTANTIAL COMPLETION ~ tentative list o£~ems to be completed or corrected is attached hereto. This list may not be all- i~clusive, and the failure to include an item in it does not alter the responsibility of ~IDNTRACTOR to complete all the Work in accordance with the Contract Documents. The it,ems tn the tentatix~e list shall be completed or corrected by CONTRACTOR within days of the above d~te of Substantial Completion. EJC~DC NO. 1910-8-D (1993 Edition) Prepar~l b~, ~iic Engineers Joint Contract documents Committee and cndt~rscd by The Associated General contractors of RePrinted! 5 ~: .~ The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: This certificate do~ not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR'S obligation to complete the Work in accordance with ~ Contract Documents. CONTRACTOR am:epts this Certificate of Substantial Completion on 199 CONTRACTOR By: Type Name and Title OW~R accepts this Certificate of Substantial Compl[etion on 1999 OWNER By: Type Name and Title 14 Project No.: Contractor: EXHIBIT E FINAL PAYMENT CHECKLIST Date: ., 2,000 The following items have been secured by the for the Project known as and have been reviewed and found to comply with the requirements of the Contract Documents. Original Contract Amount: Final Contract Amount: Commencement Date: Substantial Completion Time: Final Completion Time: Calendar Days. Calendar Days. YES NO All Punch List items completed on Warranties and Guarantees assigned to County (attach to this form). Effective date of General one year warranty from Contractor is: 10, 11. 12. 2 copies of Operation and Maintenance manuals for equipment and system submitted (list manuals in attachment to this form). Record drawings obtained and dated: County personnel trained on system and equipment operation. Certificate of Occupancy No.: issued on (attach to this form). Certificate of Substantial Completion issued on Final Payment Application and Affidavits received from Contractor on: Consent of Surety received on Operating Department personnel notified project is in operating phase. Other: If any of the above are not applicable, indicate by N/A. If NO is checked for any of the above, attach explanation. 15 Acknowledgments: '~ OV - ~ '199~ By Contractor: (Company Name) ~ (Signature) (Typed Name & Title) By Owner: (Departmem Name) (Signature) (Name & Title) CHANGE ORDER NO. TO: EXHIBIT F CHANGE ORDER CONTRACT NO. DATE: PROJECT NAME: PROJECT NO.: Under our AGREEMENT dated You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE (Additive) (Deductive) Sum of: ($. ). Original Agreement Amount Sum of Previous Chaages This Change Order (Add) (Deduct) $ Present Agreement Amount The time for completion shall be (increased/decreased) by calendar days due to this Change Order. Accordingly, the Contract Time is now ( ) calendar days. The substantial completion date is and the final completion date is Your acceptance of this Change Order shall constitute a modification to our Agreement and will be: performed subject to all the same terms and conditions as contained in our Agreement indtcated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: , 1999 CONTRACTOR: OWNER: 17 By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: H:public/Robt/Agreements wind based odor control November 9, 1999 Item #16Cl - DELETED Item #16C2 AGREEMENT FOR SALE AND PURCHASE WITH MR. WILLIAM A. DONOVAN AND MS. PATRICIA ANNE GRANADOS (f/k/a PATRICIA ANNE DONOVAN) FOR ADDITIONAL PROPERTY NEEDED TO COMPLETE THE FUTURE NORTH NAPLES REGIONAL PARK IN THE AMOUNT OF $193,200.00. Page 171 N 0V § !99 AGREEM~FOR SALE AND PURCHASE THIS AGREE~MENT is made and entered into by and be~een Wi{{iam A. Donovan and Patricia'AmTe'Granados (f/k/a Patricia Anne Donovan), whose mailing address is 2664 Airport Road South, Naples, Florida 34112, (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, whose address is 3301 Tamiami Trail East, Naples, Florida 34112, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows: The Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of Section 30, Township 48 South, Range 26 East, Collier County, Florida, excepting therefrom, the South 30 feet and the West 30 feet, as recorded in Official Record Book 2316, Page 3500 of the Public Records of Collier County, Florida. (Folio #00198960007FFax Parcel 54) AND The South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4, less and excepting the West 30 feet and the South 30 feet; AND the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4, being situate and lying in Section 30, Township 48 South, Range 26 East, Collier County, Florida, as recorded in Official Record Book 376, Page 573 of the Public Records of Collier County, Florida. (Folio #00198640000FFax Parcel 46) WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. The purchase of Tax Parcel 46 is contingent upon the purchase of Tax Parcel 54 and visa versa. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be TWELVE THOUSAND AND SIX HUNDRED AND NO/100 DOLLARS ($12,600) for Tax Parcel 54 and ONE HUNDRED SEVENTY SEVEN THOUSAND FIVE HUNDRED EIGHTY FIVE AND NO/100 DOLLARS ($177,585) for Tax Parcel 46, for a total Purchase Price of ONE HUNDRED NINETY THOUSAND ONE HUNDRED EIGHTY FIVE AND NO/100 DOLLARS ($190,185), (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before ninety (90) days following execution of this Agreement by the Purchaser unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: ~ O'V ~ ~ !99~ 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. Prior to Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Purchaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0115 A Quitclaim Deed in favor of Purchaser conveying any interest to that property described as: The West 30 feet and the South 30 feet of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4, being situate and lying in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 3.0116 Voluntary Dismissal of the action entitled Patricia A. Granados and William ^. Donovan, Plaintiffs, vs. John N. Brugger, Trustee, Defendant, Case No. 99-3445-CA, and Release of the Lis Pendens filed on October 22, 1999 recorded in Official Records Book 2604, Page 1481. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property including the recording of the Quit Claim Deed and Dismissal, and Release, as referenced in Paragraph 3.011. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitments shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND..CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Property, issued by Attorneys' Title Insurance Fund, Inc. or Chicago Title, together with hard copies of all exceptions shown thereon. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to title as shown in the title commitment. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPRAISAL PERIOD 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain the required appraisal(s) in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisal(s), Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed Purchase Price stated in Paragraph 2.01 exceeds the average of two (2) independent appraisals, if obtained, the Purchaser is required to approve the purchase by an extraordinary vote. If such vote is not obtained, then this Agreement shall terminate and the parties shall bear their own costs. VI. INSPECTION PERIOD 6.01 Purchaser-shall have ninety (90) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 4. The Property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this ^greement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. 6.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VIII. POSSESSION 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 12.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 11.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. 11.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 11.021 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. XII. NOTICES 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Mr. William Donovan and Ms. Patricia Granados 2664 Airport Road South Naples, Florida 34112 12.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XlII. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. XlV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 Any amendment to this Agreement shall not bind any of the .parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or r~umber as the context or the use thereof may require. 14.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 14.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 14.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 14.09 If the Seller holds the .Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XV. ENTIRE AGREEMENT 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: .IGn~!. (~. ¢l.e,,~t AS TO PURCHASER: : .ii, '" DWIGHT E; BROCK, Clerk DATED: /~ESSES: ~-~' (Signature) (Printed Name) (Signature) ~ - (Printed Name) "-' -- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pamela S. Mac'Kie, Chairwoman Wi~'iam A. Donovan j WITNESSES: i~,,,_ (P~,~ted I~me) .,~ ,_ (Printed Namel Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney November 9, 1999 Item #16C3 ADDITIONS TO AGREEMENTS AND RUN-TIME LIBRARY USE LICENSE AGREEMENT WITH DATA RESEARCH ASSOCIATES, INC. FOR NEW SOFTWARE AND HARDWARE Page 172 ADDITION TO AGREEMENTS BETWEEN DATA RESEARCH ASSOCIATES, INC. ~ !999 · AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WHEREAS, DATA RESEARCH ASSOCIATES, INC. ("DRA") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ("Customer") are parties to an Agreement for the purchase of an automated library system dated June 9, 1992, as amended, ("Agreement") and Agreement for Software Support, Maintenance and Update Service, dated June 9, 1992, as amended ("Support Agreement"); and WHEREAS, DRA has completed its obligations under the Agreement; and WHEREAS, Customer desires to upgrade its system with the purchase of additional equipment, under the terms and conditions specified herein; THEREFORE, in consideration of the mutual covenants herein, and for other good and valuable consideration, the undersigned parties hereby agree to the following additions to the Agreement: Customer shall purchase from DR.A, the additional produces at the prices set forth on Appendix A, attached hereto and incorporated herein. Customer shall pay DRA for said additional products within thirty (30) days following delivery to Customer's site and receipt of an invoice therefor. Customer shall pay DRA for miscellaneous expenses and services within thirty (30) days of receipt of an invoice therefor. The hardware listed Appendix A is warranted against defects in workmanship and materials in accordance with the provisions stated in Appendix A. DRA's sole responsibility under this warranty shall be to either repair or replace, at its option, the allegedly defective product. EXCEPT AS PRO¥1DED HEREIN, DRA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE PRODUCT(S), THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURP.,OSE. DRA agrees to the trmsfer of the Applications Software licenses for the products known as MAR, CIR, PAC, ACQ, SER, PH-NO?, PH-REN, OBC-LICENSE, DRAI, (8)NETWRK-MANG, ORBIX and Web2 from Customer's VAX 43~ processor, to an AlphaServer 1200 5/533 processor, for use by Customer pursuant to the provisions of the Agreement and the provisions stated herein, in consideration for payment of the license fees stated in Appendix A. Customer agrees that Ul~en transfer of the Applications Software to the AlphaServer 1200 5/533 processor, that t~he AlphaServer 1200 5d533 processor shall be the only processor licensed to use the Applications Software, and ?~'ustomer shall certify that all copies of the software on the original VAX processor have been destroyed. ~ll'te license fees stated here[~ are conditioned upon Customer's use of the Applications Software on no more than oae hundred and ten (110) simultaneous sessions. In the event that Customer desires to use the Applications S~.l~vare on more than one hundred and ten (110) simultaneous sessions, Customer shall provide written notice to I)[;LA of such intent. In such event, DRA may charge Customer additional license fees. Castomer desires to purchase additional sofb, vare licenses ("New Software") for the license fees stated in Appendix A attached hereto and incorporated herein. Customer agrees to pay the license fees within thirty (30) days following receipt of the New Software and an invoice therefor. Except as otherwise stated herein, the Applications Software license purchased herein is subject to the same license terms and conditions as set forth in the Agreement between the parties concerning other DRA Applications Software modules. Page ! Except remain NOV - 9 1999 The parties acknowledge that Customer has previously purchased from DRA, a license for the Report Writer software module provided by Ross Systems, Inc., and Customer desires to cease using this version of the Report Writer software module, and instead license use of the Report Writer product marketed by DRA, produced by Interactive Software Systems, Inc. called "UDMS Report Writer". Customer is hereby granted a nontransferable, nonexclusive limited license to use the UDMS Repor~ Writer software module on Customer's AlphaServer 1200 $/S33 processor, with a maximum of one hundred and ten (110) Simultaneous Sessions. Customer and DRA agree that the AlphaServer 1200 $/~33 processor shall be thc only processor licensed to run the UDMS Report Writer software module, and that this software module is subject to the same intellectual property protection and confidentiality requirements as set forth concerning DRA Applications Software in the Agreement between the parties. Maintenance and support services for the UDMS Report Writer module will be provided by DRA under the provisions of the Support Agreement, in lieu of support for the Ross Report Writer. Customer acknowledges and agrees that beginning ninety (90) days following installation of the UDMS Report Writer software module, any use by Customer of the Ross Report Writer software module will not be supported by DRA under the Support Agreement. The parties agree that the Support Agreement shall be amended to include the maintenance fees stated in Appendix A for the DRA Applications Software, in lieu of those fees currently being paid for those products, such fees to be payable beginning thirty (30) days following transfer of the software to the AlphaServer 1200 ~/$33 processor. Monthly maintenance fees for the New Software will apply beginning ninety (90) days following installation of those products. The provisions of this Agreement may only be modified in writing, and is binding only if executed by a representative of DRA and a representative of Customer authorized to execute legally binding agreements on each party's behalf. as hereinabove amended, the Agreements between the parties are unchanged, and the applicable portions shall in full force and effect. Assistan[ County Attorney / - Witne.~l/-r BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE / DATA RESEARCH ASSOCIATES, INC. ~-.~_~ichnel~~nge~, President nndC~ (CORPORATE SEAL) Page 2 DRA OUOTATION QTE99016821 Data Research Associates, Inc. Price Quotation October 1, 1999 Prevared for: Collier County Public Library VAX to ALPHA 1200 Upgrade Hardware I DRA Classic AlphaServer 1200 5/533 Upgrade Unit Purchase Price Price Monthly Maintenance 39,962.00 39,962.00 219.00 Software 1 1 l I 1 I l Subtotal Hardware Muitinet Downgrade or Lateral Transfer to Alpha PSC Multinet Media/Documentation on CD-ROM DRA Multinet Monthly Standard Maintenance - Wrkgrp UDMS Report Writer Software DRA UDMS Documcmtation - VMS Version Iona Orbix Administrators Guide DRA Classic Alpha WEB2 Documentation Kit DRA [ORA D~A DInA DRA DRA Transfer of DRA Software License Cataloging Software License for 110 Users Circulation Software License for I 10 Users Public Access Software License for 110 Users Acquisitions Software License for 1 I0 Users Serials Software License for I I0 Users 9:28:17AM 39,962.00 219.00 250.00 250.00 125.00 125.00 0.00 0.00 0.00 0.00 200.00 200.00 22.00 22.00 55.00 55.00 35.00 0.00 0.00 0.00 0.00 359.00 0.00 0.00 307.00 0.00 0.00 230.00 0.00 0.00 230.00 0.00 0.00 230.00 DRA OUOTATION QTE99016821 DRA Telephone Notice Software License/110 Users DRA Telephone Renewal Software License/110 Users DRA Offline Circulation Backup Software License DRA Z39.50 Client/Server Software Lic./110 Users lona Orbix Server License DRA Web2 Software License for 110 Users Report Writer Software License for 110 Users DRA Services 1 1 8 Subtotal Software Unit Price 0.00 0.00 0.00 0.00 0.00 0.00 0.00 October 1, 1999 Pu rch ase Mon th ly Price Maintenance 0.00 37.OO 0.00 27.00 0.00 5.00 0.00 480.00 0.00 63.00 0.00 0.00 250.00 652.00 2,253.00 DRA Custom Software Configuration Fee DRA Installation/Configuration of WEB2 Software DRA Network Monitoring Services Setup Subtotal DRA Services 3,000.00 3,000.00 750.00 750.00 0.00 0.00 3,750.00 400.00 400.00 Subtotal: ~ $44,~64.00 $2,872.00 To tal: $44,364.00 This price quotation is subject to DRA General Terms and Conditions. 9:28:17AM RUN-TIME LIBRARY USE LICEN3E AGREEMENT THIS AGREEMENT, is made and entered into this .O~day of ~!0~.~..~.~,~,o , 19~, by and between DATA RESEARCH ASSOCIATES, INC., a Missouri Corporation, with principal offices at 1276 North Watson Road, St. Louis, Missouri 63132 ("DRA") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, located at 650 Central Avenue, Naples, Florida 33940 ("Customer"). WHEREAS, Customer has been granted a license to use library automation soRware ("Licensed Applications Software") from DRA pursuant to that certain Agreement dated June 9, 1992; and WHEREAS, Customer has been granted a license for the use of certain third party software products ("Report Generator") in conjunction with the Licensed Applications Sofrware pursuant to a software license agreement of even-date herewith; NOW, THEREFORE, for and in consideration of the mutual promises made by each party to the other, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties enter into this Agreement concerning use of any proprietary property, including, but not limited to source code products, run- time libraries and/or documentation which may become available to Customer for use of the Report Generator in conjunction with the DRA Licensed Applications Software, under the following terms and conditions: 1. Scope. Except as provided for herein, this Agreement in no way modifies the respective responsibilities of Customer, DRA, or any third party licensor under the above-referenced Agreements. Use of source code products, including run-time library and documentation under the provisions of this Agreement is in addition to the licensing provisions of the above-referenced Agreements, which shall remain in full force and effect. 2. Proprietary Property. Use by Customer of the Report Generator and documentation in conjunction with the DRA Licensed Applications Software, may provide Customer with access to file layouts, processes, routines and source code products which are proprietary property and trade secrets of DRA. Customer acknowledges that the documentation, storage compilation, formats, layouts, processes, routines and source code products, constitute proprietary property and trade secret information of DRA, and are protected by federal copyright law and are subject to the license provisions of the original license agreements. Customer agrees that in the event such proprietary information becomes available to them through the use of the licensed sof~vare products and/or documentation, that such information will only be used in accordance with the license provisions and confidentiality provisions herein. 3. Description of Source Code. Source code products may include text files used by the MACRO, BASIC, C or other language compilers to produce object modules for linkage into applications programs. The source code tape may contain source code, batch files for compiling and linking software, and any documentation available in machine-readable form to assist in compiling and linking the code. Customer acknowledges that compilation and linking the source code require compilers not supplied to Customer as part of this Agreement but which are available at extra cost from DRA or the manufacturer. Customer acknowledges that compilation, linking, editing, and/or modifying the source code will require technical expertise in using the operating system, relevant compilers, and software, and that DRA is under no obligation to assist or supply such expertise. Run-Time Library includes prewritten, commonly-used routines to perform specific report preparation, writing, and supporting tasks. Source code products may also include description files which contain detailed file layouts and contents. Customer acknowledges that the use of the description files in conjunction with additional software modules available from a third party licensor, may result in data file modification and/or generate support issues requiring expertise, for which DRA is under no obligation to assist or supply such expertise. RUN-TIME LIBRARY USE LICENSE AGREEMENT Page I 4. Confidentiality. Customer agrees that, irrespective of the reason for its use of the source code products, such source code products are strictly confidential and may be disclosed only to agents and employees of Customer, who shall be advised of these provisions, and who shall agree to execute nondisclosure agreements, if requested. Customer agrees that the source code products and all modifications and changes to the source code products, are the proprietary property of DRA, and Customer may not sell, assign, lease, or otherwise provide said source code products or any part thereof, or any programs compiled, process or routines using any part of said source code products, or any knowledge gained from the use of the source code products, to any other person or entity, regardless of modification, without the express written consent of DRA, its successors and assigns. Customer covenants not to reverse engineer or otherwise recreate the form of expression or underlying ideas, (collectively "Recreate") contained in any portion of the DRA Licensed Applications Software or source code products, nor permit others to do so. 5. Termination. Customer acknowledges and agrees that violation by Customer, its agents or employees, of any of the licensing terms contained in this Agreement or in any other agreement between the parties, shall constitute default, and shall entitle DRA the right to immediately repossess all copies of the source code tapes, software, documentation, and any modifications thereof, and to rescind ali software licenses granted to Customer, in addition to all other legal and equitable remedies provided by law. DRA shall also have the right to terminate this agreement in the event that Customer fails to maintain in effect a valid Agreement for Software Support, Maintenance and Update Service. 6. Disclaimer and Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT IN THE CALCULATION OF STORAGE REQUIREMENTS UNDER OTHER AGREEMENTS BETWEEN THE PARTIES, DRA HAS NOT 1NCLUDED THE SPACE REQUIRED FOR THE PRODUCTS LICENSED HEREIN. THEREFORE, THIS SOFTWARE MUST BE NON- OPERATIONAL DURING ANY CONTRACTUAL PERFORMANCE TESTS, AND MAY NOT BE CONSIDERED IN ANY MEMORY OR DISK SPACE WARRANTY CLAIMS UNDER ANY OTHER AGREEMENTS BETWEEN THE PARTIES. EXCEPT AS PROVIDED HEREIN, DRA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE PRODUCT(S), THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION OF ITS DATA USED IN CONNECTION WITH THE PRODUCTS. CUSTOMER'S RIGHT TO RECOVER DAMAGES CAUSED BY DRA'S FAULT OR NEGLIGENCE SHALL BE LIMITED TO TEN THOUSAND DOLLARS ($10,000.00). DRA WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, USE OF PRODUCTS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. 7. Notices. Any notices required or permitted under this Agreement shall be in writing and delivered in person, by facsimile, overnight express, or by registered or certified mail, return receipt requested, with proper postage prepaid, and properly addressed as set forth below or as shall be hereal~er changed by written notice. Notice shall be effective upon delivery. Facsimile notices shall also be delivered by another means listed above, but shall still be effective upon facsimile transmission. RUN-TIME LIBRARY USE LICENSE AGREEMENT Page 2 The parties hereto affirm that the persons below listed are duly authorized to receive and accept such notice: FOR DP.A: Michael J. Melling.er, President and CEO Data Research Associates, Inc. 1276 North Warson Road St. Louis, Missouri 63132 FAX: (314) 993-8927 FOR CUSTOMER: Michael Widner Collier County Public Library 650 Central Avenue Naples. Florida 33940 FAX: 8. Governing Law. This Agreement shall be govemed by the laws of the State of Florida both as to interpretation and performance. Except as hereinabove modified, the terms and conditions of the above=referenced Agreements and any appendices and amendments thereto, remain in full force and effect. IN WITNESS WHEREOF, the undersigned parties have executed this Agreement, in duplicate copies, each of which shall constitute an original, as of the day and year first above written. ,,,k,."ATTEsT;: (A'.~ to Chairman) ..".-.%';.bw*ight gT'Bro?k, Clerk ..' .×x' , . , %, "'",,,~oved as to form and ~gai sufficiency: ~t~nt Conn~ ~ttorne~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, A POLITI~L SUBDIVISION OF THE STAT L IDA DATA RESEARCH ASSOCIATES, INC. (CORPORATE SEAL) RUN-TIME LIBRARY USE LICENSE AGREEMENT Page November 9, 1999 Item #16C4 - DELETED Item #16C5 BUDGET AMENDMENT FOR PURCHASE OF THE ROBERTS RANCH PROPERTY. Item #16C6 BUDGET AMENDMENT TO FUND CONSTRUCTION OF A NEIGHBORHOOD PARK ON TRACT 179 WITHIN GOLDEN GATE PER THE COLLIER COUNTY NEIGHBORHOOD PARK POLICY. Item #16C7 RESOLUTION 99-408, ESTABLISHING POLICIES AND PROCEDURES FOR INDIGENT BURIALS AND CREMATION AND STAFF TO NEGOTIATE AN AGREEMENT WITH WILLING AREA FUNERAL HOMES. Page 173 RESOLUTION NO. 99- 4 0 8 RESOLUTION ESTABLISIIING POLICIES AND PROCEDURES FOR INDIGENT BURIALS AND CREMATION WHEREAS, Chapter 245, Florida Statutes, establishes criteria for the disposition of persons who expire within the confines of every county, city, village, town or municipality in Florida; and WHEREAS, The Department of Collier County Social Services is responsible for establishing eligibility and for the authorization of payment for burial or cremation of indigent persons who expire within the confines of Collier County if the deceased is unclaimed or survivors have insufficient resources for burial or cremation; and WHEREAS, The Board of County Commissioners has determined that a policy should be created establishing the allowable fees for such services; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. ELIGIBILITY: Any person declared indigent, resident or non-resident, who expires within the confines of Collier County, may be eligible for county burial/cremation. Reasonable efforts will be made to determine the financial situation of the deceased and family members. Collier County shall not authorize payment to transport a deceased to another county or state for disposition unless specifically authorized as a public purpose by the Board of County Commissioners. The body of a deceased may be transported out of the county if the body has been accepted by the State of Florida Anatomical Board for use in research and teaching. 2. PROCEDURES: a. Collier County will make a reasonable effort to gather pertinent information, including name, date of birth, Social Security number, date of death, cause of death, next of kin, financial information, veteran status, willingness of relatives to donate the body for research for education and preference for burial or cremation. In order to proceed with cremation, a family member must be willing to sign an authorization for cremation and disposition for the funeral home. b. Upgrades for caskets and/or cemetery plots, or additional funeral services will not be permitted at county expense. Graveside services will only be provided upon request. C. If identification of the body has not been established, burial shall be delayed a minimum of ten (1 O) days from the official date of death. If identification of the body has been established and the next of kin has not been found, the body will be held for ten (10) days from the official date of death and until reasonable efforts to locate next of kin have been exhausted. d. The following procedures will be followed by all participating funeral homes for burial/cremation of indigent deceased: (i) (ii) (iii) (iv) (v) Burial of indigent adults shall require a minimum of a manufactured pressed board cloth covered casket and a concrete liner. At the discretion of the Funeral Director, burial of indigent decomposed bodies may require a metal sealed unit similar to the brand name Ziegler, without a casket; a concrete liner shall be required for interment. Burial of indigent still born and other infants shall require a casket vault, dome sealed, fiber plastic, weather proofed casket. A concrete liner shall not be required for interment. The funeral director shall provide embalming or cremation, clothing, transportation, grave markers, and will secure all necessary legal documents. The Veteran's Service Office will be responsible for order- ing a grave marker for indigent veterans. Markers will be shipped to the Parks and Recreation Department whose staff.will be responsible for installation at the proper grave site within 15 days of receipt. e. Burial of Collier County indigent cases shall be performed with strict adherence to the above stated procedures. If deviation from established procedure appears necessary, the appointed provider of service shall notify the Social Services Department and the department shall determine if any deviation from the established procedure is appropriate in such case. f. The funeral home providing service for an indigent deceased shall advise the Social Services Department of the desired date and time for burial. The Social Services Department shall thereupon request from the Real Property Department provision of burial space and opening and closing of the grave. The Real Property Department requires forth-eight (48) hours notice for 2 and closing of the grave. The Real Property Department requires forth-eight (48) hours notice for the provision of such services. The Real Property Department shall confirm burial arrangements with the funeral home. g. After disposition of the indigent deceased has been accomplished, an itemized statement requesting payment shall be presented to the Social Services Department by the funeral home that provided the service. Collier County shall provide payment to the funeral home according to the fee schedule in effect at the time services were rendered. The current fee schedule is attached as Exhibit A and included herein. Payment will be approved by the Social Services Director if no irregularity appears, the bill will be sent to the Clerk of Courts Finance Department for payment. This Resolution adopted this ~T.lt.day of and majority vote in favor of adoption. ,1999, after motion, second ATTEST: · . ' '- A i:est.:ll$ t:o C:hlh, a n's · ?*i,i '~: ' 'i:',Y! .' Approved as to form and legal sufficiency: DWIGHT E. BROCK, Clerk ',. '.DeputyClerk Assistant County Attorney ~/ BOARD OF COUNTY COMMIS/SlONERS h:public/Melissa/Resolutions indigent burial N OV -, ~ !995 EXIq-~IT A INDIGENT BURIAL/CREMATION FEE SCHEDULE Effective upon approval by the Board of County Commissioners, the fee schedule for indigent burials/cremations is as follows: ADULTBURIAL ADULT CREMATION INFANT BURIAL INFANT CREMATION INDIGENT VETERAN IN RECEIPT OF $150.00 VA PLOT ALLOWANCE INDIGENT VETERAN IN RECEIPT OF $300.00 BASIC BURIAL ALLOWANCE VETERAN SERVICE CONNECTED BURIAL ALLOWANCE $1500. COUNTY'S RESPONSIBILITY $900.00 $300.00 $500.00 $ 75.00 $900.00 $600.00 Arrange burial plot November 9, 1999 Item #16D1 WORK ORDER VL-00-1 UNDER THE COUNTY'S ANNUAL ARCHITECTURAL CONTRACTS FOR VICTOR J. LATAVISH, AIA TO DESIGN A SATELLITE BUILDING AT THE GOLDEN GATE GOVERNMENT CENTER COMPLEX IN THE AMOUNT OF $72,000.00. DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF DECEMBER 28, 1999. Page 174 November 9, 1999 Item #16D2 - MOVED TO ITEM #8D1 Item #16D3 BUDGET AMENDMENT FOR ACCESSIBILITY (ADA) REQUIREMENTS FOR THE FOURTH FLOOR OF THE COURTHOUSE AND TO PROVIDE A "HIGH TECHNOLOGY COURTROOM". Item #16E1 BUDGET AMENDMENT NOS. 00-023, 00-024, 00-038 AND 00-037. Item #16H1 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners has been directed to the various departments as indicated: Page 175 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE NOVEMBER 9, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: o Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. October 6, 1999 - October 19, 1999 Minutes: A. Historical/Archaeological Preservation Board - Agenda for October 15, 1999 meeting B. Immokalee Beautification Advisory Committee - Agenda for October 20, 1999 meeting and minutes of August 17, 1999 meeting C. Hispanic Affairs Advisory Board - Minutes of August 26, 1999 meeting D. Environmental Advisory Council - Agenda for October 13, 1999 meeting E. Ochopee Fire Control District Advisory Committee - Minutes of September 13, 1999 meeting Other: Audit of County Petty Cash and Change Funds (99-11) AGENDA ITEM NOV 0 9 1999 November 9, 1999 Item #1611 RESOLUTION 99-409, AUTHORIZING LOAN IN AN AMOUNT NOT TO EXCEED $3,060,000.00 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM TO CONSTRUCT A DOMESTIC ANIMAL SERVICES FACILITY. Page 176 RESOLUTION NO. 99-409 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $3,060,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A DOMESTIC ANIMAL SERVICES FACILITY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOV 0 9 1999 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1.DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. NOV 9 1999 "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the applicatiOn thereof. "Draw Date" has the meaning set forth in the Loan Agreement. "FinanceDirector'' means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A-12-1" means the Loan designated as "Loan No. A-12-1" the proceeds of which are to be used to finance Project A-12. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the 2 N OV 0 9 !99g provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the CountY or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-12" means the costs and expenses relating to the acquisition, construction and equipping of a domestic animal services facility, as the same may be amended or modified from time to time, all as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad 'Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2.AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. 3 SECTION 3.FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A-12 and the most cost-effective means by which to finance Project A-12 is by the use of moneys obtained pursuant to the Program by means of the Loan. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-12-1 pursuant to the terms of the Loan Agreement and the financing of Project A-12 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-12-1 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. SECTION 4.TERMS OF LOANS. The County hereby approves of Loan No. A-12- 1 in the aggregate amount of not exceeding $3,060,000 for the purpose of providing the County with sufficient funds to finance Project A-12. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes with respect to Loan No. A-12-1 and other documents, instruments, agreements and certificates necessary or desirable to effectuate Loan No. A-12-1 as provided in the Loan 4 N OV 0 9 199) Agreement. The Loan Note or Notes with respect to Loan No. A-12-1 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall make the Draw Request or Requests with respect to Loan No. A-12-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A-12 and is permitted by the Loan Agreement. Loan No. A-12-1 shall mature in accordance with the provisions described in Schedule I attached hereto. Loan No. A-12-1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-12-1 shall be 30 basis points or such other amount as First Union National Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-12. The County does hereby authorize the acquisition and construction of Project A-12. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A-12-1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-12-1 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7.GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8.SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereofi 5 SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE immediately upon its adoption. DATE. This Resolution shall take effect DULY ADOPTED this 9th day of November, 1999. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 6 IOV 9 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEDULE The principal of Loan No. A-12-1 shall be repaid as follows: December 7, 2004 Interest on the Loan shall be paid provisions of the Loan Agreement. with the Loan Agreement. $3,060,000 (or such other principal amount as is actually borrowed) monthly in accordance with the terms and Additional Payments shall also be made in accordance 7 November 9, 1999 Item #16J1 RESOLUTION 99-410, AUTHORIZING AS A VALID PUBLIC PURPOSE, EXPENDITURES OF FUNDS FOR COUNTY COMMISSIONERS TO ATTEND FUNCTIONS OF FRATERNAL, BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE, SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC AND CIVIC ASSOCIATIONS Page 177 RESOLUTION NO. 99- 410 A RESOLUTION AUTHORIZING, AS SERVING A VALID PUBLIC PURPOSE, EXPENDITURES OF FUNDS FOR COUNTY COMMISSIONERS TO ATTEND FUNCTIONS OF FRATERNAL, BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE, SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND CIVIC ASSOCIATIONS/ORGANIZATIONS. WHEREAS, Section 112.061, Florida Statutes, establishes guidelines for the payment of travel and other expenditures for public officers, including assignments of official business outside the traveler's regular place of employment; and WHEREAS, it serves a valid public purpose for Board members to attend community functions in order to gather information about County issues and receive input from the public; and, WHEREAS, it is in the best interests of the public for Board members to attend functions of the referenced associations / organizations to keep the public informed as to the legislative process of the County; and WHEREAS, the Board desires to clearly specify the categories of travel and attendance at civic functions which are appropriate for payment in accordance with Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board hereby finds that attendance at the functions listed in paragraph 3 hereof serves valid public purposes including, but not limited to: communication with the public, gathering of information about Board issues, and providing feedback to the public about County matters and the legislative process. 2. The amounts to be expended by the County for Board member attendance and/or participation in the functions referenced in paragraph 3 shall be budgeted by the Board of County Commissioners. 3. A Board member may seek Board approval for the payment for his/her attendance at functions of fraternal, business, professional, trade, homeowners, environmental, educational charitable, social, ethnic, and civic associations / organizations, provided that said functions reasonably relate to Collier County matters. The attached form entitled "Request for Approval for Payment to Attend Functions Serving a Valid Public Purpose," may be placed on the Board of County ~ OV - ~ I99~ Commissioners' Consent Agenda to gain the Board's approval for expenditure of County funds to attend particular functions. This Resolution adopted this ~ .~..day of ~ h~ t~__~.~_/Z , 1999 after motion, second and majority vote favoring same. · ~"' ' .... DWIGHT E. BROCK, Clerk V'~ :: ~:'i " rom and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLJI~R COUNTY, FLORIDA ~'~miro Mafialicl~ - Chief Assistant County Attorney COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99- , the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99- , Commissioner hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Public Purpose: Date of Function / Event: Amount to be paid by the County: Mileage: November 9, 1999 Item #16J2 PROVIDE LEGAL DEFENSE FOR A COUNTY EMPLOYEE IN PROCEEDINGS THAT ARE RELATED TO THE CASE STYLED JEFFREY C. POPP V. COLLIER COUNTY, ET AL., CASE NO. 99-3286-CA, PURSUANT TO RESOLUTION 95-632. Item #17A - CONTINUED TO 12/14 MEETING Item #17B ORDINANCE 99-78, RE PETITION PUD-95-12 (1), ROBERT DUANE, AICP, OF HOLE, MONTES & ASSOCIATES, INC. REPRESENTING THE FIRST BAPTIST CHURCH OF NAPLES, REQUESTING AN AMENDMENT TO A PREVIOUSLY APPROVED .PUD. NAMELY THE FIRST BAPTIST CHURCH OF NAPLES PUD FOR THE PURPOSE OF INCREASING THE MAXIMUM BUILDING HEIGHT AND TO ADD A MUSEUM AS AN ACCESSORY USE FOR PROPERTY LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD AND THE EAST END OF ORANGE BLOSSOM DRIVE. Item #17C RESOLUTION 99-411, RE PETITION CU 99-24, JERRY NEAL OF PURSE ASSOCIATES INC., REPRESENTING CAPRI CHRISTIAN CHURCH, INC., REQUESTING APPROVAL OF A CONDITIONAL USE FOR THE EXPANSION OF AN EXISTING CHURCH LOCATED AT THE CORNER OF CAPRI BOULEVARD AND HILO DRIVE ON ISLES OF CAPRI. Page 178 N 0 U - i999 RESOLUTION 99- 411 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH EXPANSION CONDITIONAL USE "2" IN THE "RSF-4" ZONING DISTRICT PURSUANT TO SECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "2" of Section 2.2.4.3 in an RSF-4 Zone for the Capri Christian Church expansion on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Jerry Neal of Purse Associates, Inc. representing Capri Christian Church, Inc., with respect to the property hereinafter described as: Lots 424, 425, 426 and 427, Isle of Capri No. 2, as recorded in Plat Book 3, Page 46, Official Records of Collier County. be and the same is hereby approved for Conditional Use "2" of Section 2.2.4.3 of the "RSF-4" Zoning District for a church expansion in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~, day of ~n~_~ ~G.~,, 1999. BOARD OF ZONING APPEALS x COLLIER COUNTY, FLORIDA // ATTEST: '. 'DWIGHT El BROCK, Clerk ' ,:Ai~Pr~ed aS to Form and fittest aS Legal Sufficiency: s t gnatur~ onl ~. Ma~ode M. Student ] Assistant County Attorney ffCU-99-24 RESOLUTION/CB~s FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section_2.2.4.3_ of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Ac Co Consistency with the Land Development Code and Growth Management Pi~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequat~fi~~ & egress Affects neighboring properties in relation to noise, a'~, ~cDnomlc or odor effects: ~' No ~f~ect or Affect mitigated by ~----------~"Affect ca--~ be mitigated Compatibility with adjacent properties and other property in the district: Compatible use~% district No Based on the above findings, this conditional use should, with stipulations, ~y.~ttached) (should not) be recommended for approval /~/f~,.~Z.~ . DATE: , f/FINDING OF FACT CHAIRMAN/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section 2.2.4.3.__ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Be Consistency with the Land Development Code and Growth Management~l~an: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~kzegress Yes/,/~3 No Affects neighboring properties in relation to noise, , economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible %~ within district Yes~ No Based on the above findings, this conditional use should, with stipulatio~6.al~.op¥~ttached) (should not) be recommended for approval f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section_2-2.4.3__ of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management I~: Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~re Adequate ingress & ss Yes ~'No Affects.3~rfghboring properties in relation to noise, gla~economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated De Compatibility with adjacent properties and other property in the district~ Compatible use w~'hin district Yes ~' No Based on the above findings, stipulations, (copy attached) approval f/FINDING OF FACT MEMBER/ NOV · )999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes ~ No S o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No C o Affects neighboring properties in relation to noise, glare~ economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes ~ No Based on the above findings, this conditio~ stipulations, (coRy attached) (should not) approval ~wr0~D< DATE: 10~(9q9 MEMBER:~_~ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section 2.2.4.3__ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes / No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: ~-~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~,/ No Based on the above findings, th~ditional use should, with stipulations, (copy attached)~houl~/~ot) be recommended for approval ~ ~~ f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: .A. Bo Consistency with the Land Development Code and Growth Management Plan: Yes ~/~No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare,~onomic or odor effects: ~-'~No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /No Based on the above findings, this conditional use should, with stipulations, (copy attache~'-~~~ot~ be recommended for approval f/FINDING OF FACT MEMBER/ NOV FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-24 The following facts are found: Section 2.2.4.3. of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~' No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ¥' No Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes w~ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should'not) be recommended for approval \, ,/ ~ ~ ~ ? f/FINDING OF FACT MEMBER/ ~66f, ~ - A0~ EXHIBIT "B" , CONDITIONS OF APPROVAL CU-98-2Q This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in their public hearing on October 21, 1999. Planning Services: The Current Planning Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91-102). A Site Development Plan (SDP) must be applied for and approved by the Development Services staff prior to any expansion of the existing church. A 15-foot wide type "B" landscape buffer shall be provided between the church property and the residential lot No. 428. A 10-foot wide type "D" landscape buffer shall be provided along Pago Pago Drive. EXHIBIT "C" November 9, 1999 Item #17D RESOLUTION 99-412, RE PETITION V 99-17, ANA L. ALEMAN, REPRESENTING IRAIS AND NANCY PANDO, REQUESTING AN AFTER-THE-FACT VARIANCE OF 5 FEET FROM THE REQUIRED SIDE YARD SETBACK OF 30 FEET TO 25 FEET FOR PROPERTY LOCATED AT 4860 SYCAMORE DRIVE. Page 179 RESOLUTION NO. 99- 412 RELATING TO PETITION NUMBER V-99-17, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5-foot after-the-fact variance from the required side yard of 30 feet to 25 feet as shown on the attached plot plan, Exhibit "A", in an E Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-17 filed by Ana L. Aleman, representing Irais and Nancy Pando, with respect to the property hereinafter described as: The East V2 of Tract 120, Golden Gate Estates, Unit No. 34, as recorded in Plat Book 7, Page 23 of the Public Records of Collier County, Florida. be and the same hereby is approved for a 5-foot after-the-fact variance from the required side yard of 30 feet to 25 feet as shown on the attached plot plan, Exhibit "A", of the E Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. In the case of the destruction of thc encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of thc structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. ~i O~ ~ .'4 1999. BE IT RESOLVED that this Resolution relating to Petition Number V-99-17 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Donethis ~t"r~. dayof .~u~x~.~_~.~ , 1999. .., DWIGHT E~ BROCK, Clerk ' signature BOARD OF ZONING APPEALS PAMELA S. MAC'KIE, (7HAIRWOMAN Approved as to Form and Legal Sufficiency: Ma~ni S. Scuderi Assistant County Attorney g/V-99-17 RESOLUTION/FR/im ' 99 17mm~ SYOAMORE DR)VE 60' ROAD EASEMENT 165.oo__L' (P ~ u) y . ... 4o~.' (.P)r. lW(Ass--? _~ ~ ~ ~ ' i,~ 1RACT 121 REMAINDER OF TRACT 120 GOLDEN GATE ESTATES. UNIT NO. ,)4 O O 60' BI-SI SEE O,R. FOR R/~, EASE:MEN THE EAST Oe TRACT 120, G UNIT NO. 34 (VACANT) 0ROUNO EL= O EXHIBIT "A" :11N~ EASEMENT lOOK 245, PAGE 15 ~RAINAGE ar U11UTY S E-HALF OF )LDEN GATE ESTATES 99.5' I§ November 9, 1999 Item #17E RESOLUTION 99-413, PETITION V 99-18, JIM TITSCH, OF TITSCH & ASSOCIATES ARCHITECTS, REPRESENTING FREELAND & SCHUH, INC., REQUESTING A 10-FOOT FRONT YARD VARIANCE TO 15 FEET FROM THE REQUIRED 25-FOOT FRONT YARD SETBACK FOR PROPERTY LOCATED AT 1229 AIRPORT-PULLING ROAD, KNOWN AS FREELAND NISSAN AUTOMOTIVE DEALERSHIP. Page 180 RESOLUTION NO. 99- 413 RELATING TO PETITION NUMBER V-99-18, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enfome zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 10-foot variance from the required front yard setback of 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", in a "C-5" Heavy Commercial Zoning District for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given oppommity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-18 filed by Jim Titsch of Titsch and Associates, Architects, representing Freeland and Sehuh, Inc., with respect to the property hereinafter described as: The north 209.05 feet of the south 329.3 feet of the west 354.3 feet of the north 658.6 feet of the south 2005.8 feet of the west one-half of the west one- half of the northwest one-quarter of Section 36, Township 49 South, Range 25 East, Collier County, Florida; except the west 50 feet reserved for road right- of-way. Together with: The south 120.25 feet of the west 354.3 feet of the north 658.6 feet of the south 2005.8 feet of the west half of the west half of the northwest quarter of Section 36, Township 49 South, Range 25 East, Collier County, Florida. be and the same hereby is approved for a 1 O-foot variance from the required front yard setback of 25 feet to 15 feet as shown on the attached plot plan, Exhibit "A", of the "C-5" Heavy Commercial Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time ofreconstructfion. BE IT RESOLVED that this Resolution relating to Petition Number V-99-18 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this G¥-r.~., day of .~.Oa~_.~'~,.oo_~l'L, , 1999. .:". ~'" ' ~: DWlGHTE.BROCK, Clerk ~aonO~m ~d Legal Sufficiency: BOARD OF ZONING APPEALS COLLIER COUNTY, FLORI~ Ma~i S. Scud~-fi Assistant County Attorney g/V-99-18 RESOLUTION/FR/im -2- PI~UM i 115CH AI~CHITECTS ~4~1 s~/5 ~']51 S!\CAD\98032-NISSAN\aPchrev~ew\revM-SITEPLAN,Uwg Wed Sep 22 ~3: It 35 i999 dIM'S CO~PUTEI~ i I .) ! EXHIBIT "A" ~ November 9, 1999 Item #17F RESOLUTION 99-414, RE PETITION VAC 99-13, TO VACATE A 10' WIDE DRAINAGE EASEMENT ON LOT 5, ACCORDING TO THE PLAT OF .BAYFRONT GARDENS" AND TO ACCEPT A 10' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT ON SAID LOT 5. Page 181 RESOLUTION NO. 99- 414 RESOLUTION FOR PETITION VAC 99-013 TO VACATE A 10' WIDE DRAINAGE EASEMENT ON LOT 5, ACCORDING TO THE PLAT OF "BAYFRONT GARDENS", AS RECORDED IN PLAT BOOK 14, PAGES 114 THROUGH 117, PUBLIC RECORDS OF COLLIER COLTNTY, FLORIDA AND TO ACCEPT A 10' WIDE DRAINAGE EASEMENT AS A REPLACEMENT EASEMENT ON SAID LOT 5, LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Mark Raudenbush from Idyll Homes, Inc., as agent for the petitioners, Michael and Janine Knapp, does hereby request the vacation of a 10' wide Drainage Easement on Lot 5, according to the plat of "Bayfront Gardens", as recorded in Plat Book 14, pages 114 through 117, Public Records of Collier County, Florida and to accept a 10' wide Drainage Easement as a replacement easement on said lot 5; and WHEREAS, the Board has this day held a public hearing to consider vacating said 10' wide Drainage Easement, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10' wide Drainage Easement, more' particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the replacement easement for the Drainage Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution and the replacement drainage easement individually in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. i.~'.~',r,,..'~;£/..~ .TI~,s Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS .~/~onaturt only. pprove~ as to roan and legal sufficiency: Mam~ Scu-deri - Assistant County Attorney 1999 CUM ~ NMXJS O(LTA Cl CO I Cl I 7~l~ I I/~00 I 3S',M'44' I S2~40'40'r I 75.21 I C2 I IO.O~ II/O.~l O.T2~'2D' IN17'3~'S?'wl I0.0~ I ~ I ~1.711 I S74~04'13'W ] 0 2,5 5O 1 DO 200 GRAPHIC SCALE PROPOSED 10' DRAINAGE EASEMENT TRACT "R" OF LELY BAREFOOT BE. ACH UNIT 1 PLAT BOOK 12, PACES 34-57. COLLIER COUNTY, FLORIDA. N74'06'17"E (P)N76'06' J LOT 4 W 48.69' CONTROL LINE ~ wAN VAC 99-013 25' U.E. & D.E.~ ',, ,/ACANT BE ¥~CATED LOT 5 LEGAL DESCRIPTION OF AN E~qSTING 10 FOOT WtO~ ORA~E E.aSL~ENT BEING PART OF LOT 5. BAYlq~ONT OAROENS AS REC0~OED iN PI. AT BOC~ 14. PAGES 114 THROUGH 117 OF THE PUBUC RECOROS OF COLUER COUNIY, FLORIDA. WATER LINE the ~eulhweM eeener M e~ eMat~j lO f~ w~ ~ ~t117~M 12. ~ ~ ~ 37 M ~ ~ ~ of CoMiM C~, ~. ~ ~m ~ ~ h~ ~tir dna of Little ~ck~~, , ~t~ ~ ~ M W ~h mff Gnl to 4 Writ t~t il 10 f~t ~ra~el to t~ M ~ ~t--og--~ Gn4 No~h 41727'~ W~t 10.~ fiet to the LITTLE HICKORY BAY ~ S~ ~ ~ ~ 5702 ~ O~R ~ OR ~R~ ~Y ~LY ~ ~S PR.M - ~T ~ ~NT ~O.P. - ~ ~ ~T PMt Beo~ 14. I~gea 114 ~ 117 .~ the Public Eecerci* of Coil;er C~.ty, Irloft4e. being South 25705'20' East. ROGER G. CARTER IzRO~IONA~ S~'RVEYOR &; ~ 6-2-99 1" = 100' RGC CHECKED BY: RGC CLIENT: IDYLL HOMES, INC. TITLE: SKETCH AND DESCRIPTION OF AN EXISTING 10 FOOT WIDE DRAINAGE EASEMENT BEING PART OF LOT fi, BAYFRONT GARDENS AS RECORDE0 IN PLAT BOOK 14, PAGES 114 THROUGH 117 OF THE PUBLIC RECORDS OF COLLIER COUN1Y, FLORIDA. PROJECT99-0044 IsHEET1 1 IFILE NUMBER'. NUMBER: OF NUMBER: 6 48 2.5 --- N OV 9 1999 DRAINAGE EASEMENT Ksbibl 'B** mum l~d~3 ¥~d:~ 99.4)13 THIS EASEMENT, granted this "//ir day of/-f/~q6,T' ,19_~7_~, between Michael E. Knapp and Janine A. Knapp as Grantor, to the Homeowner's Association at Bayfront Gardens, a Florida not-for-profit corporation and to COLLIER COUNTY BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEE. WITNESSETH: That the GRANTOR, for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable considerations paid by the GRANTEE; receipt of ~vhich is hereby acknowledged, hereby conveys, grants, bargains and sells unto the GRANTEE, it successors and assigns a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain stormwater drainage facilities, on the following described lands being located in Collier County, Florida. GRANTOR agrees for itself, its successors and assigns, that it will be responsible for the cost of any maintenance of improvements within the easement area, to wit: (See attached Exhibit "A" (99-0044-1S2) which was incorporated by reference herein) TO HAVE AND TO HOLD thc same unto said GRANTEE and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining stormwater drainage facilities thereon. GRANTOR and GRANTEE arc used for singular or plural, as the context requires. --- N 0¥ 0 9 1999 F.,xhibk "B" She~ VAC 99-013 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in,our presence: "Wil~ss / ' Pri~e~l Name /w~t~s Pti S/dnte I0 t ~ Name Michd~6~ E. l~app jan{ne A. Knapp Whose mailing address is: 1189 Beryl Trail Centerville, Ohio 45459 COUNTY OFS _., The foregoing instrument was acknowledged before me this /'~ day of ~ ~', 19c~, _by_Michael E. Knapp and Janine A. Knapp. They are personally known to me or nave produce~ [ O~ (-~> Ld(.X?n,.,.<~,as identification and did n~t take an oath. ~o~¥ PU~Lt'C ( Vrintdd hame Prepared by: Roger G. Carter RWA Surveying, Inc. 3050 N. Horseshoe Drive, Suite 270 Naples, Florida 34104 II'LVl~ A. BIOl:l~ NC)I'AILY PtmLIO IN AND/OB ~ B'gA'll Of OHIO ~ ~ON l;ll~m,18 dUI,1r ~, ~ O N 0V I~ 9 1999 0 25 50 100 200 GRAPHIC SCALE N74'06'17' E 30,00' · ti I lttJ [ ~ffa~J~t/ I cz I J~TI l n74'al.1~! ] TRACT "R" OF' LELY BAREFOOT BEACH UNIT 1 PLAT BOOK 12, PAGES 34-57, COLLIER COUNTY, FLORIDA. 25' U.E. ar D.E. ~ LOT 6 VACANT LOT 5 CUT N~NL IN THE EAST SIOE OF' A PALM TREE LOCATED 50' +/- NORTH OF' THE INTERSECTION OF LELY OEACH BOUL.EVARO /),ND BAYFRONT ORM[ ELEVATION - 10.00' LEGAL D(SCRIPTION OF A PROPOSED 10 FOOT WI0~ DRNNAG[ EASE)~NT ~ pART OF LOT 5. BAYI~RONT AS RECOROED IN PLAT BOOK 14, PN~:S 114 THROUGH 117 OF THE PURUC RECOR~ OF COI.L~R COUNTY', IrT. ORIID&. WA1~R UNE J LOT 4 48,69' CONTROL LINE LtTrLE HICKORY BAY /'off T~ MNIg~' OR. IdlCHIl~. IOiMI~ . .... ~T ~T ~. P.R.~ - I~ ~ IqTER ~ ROGER G. ~TF_,R 6-2-99 RGC RGC 6 48 25 CLIENT: IDYLL HOMES, INC.. 'TffLE:sKETCH AND DESCRIPTION OF A PROPOSED ............ -! "~'~- PAGE5 114 THROUGH t17 C~ 'I~E Puguc ~ OIr COU~ CDUNTY, ~ NUMBER: : , . November 9, 1999 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:40 pm. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SP~TROL ~ ",Th% .'e-~-'~nutes approved by the Board on ~, as presented ~-~ or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY ROSE M. WITT, RPR Page 182 0 Wes157~h 8tres! NewYork. NY 10010 .- (212) SS6-S600 , AMERICAN EEDERATION OF MUSICIANS OF THE UNITED STATES AND GAN~U~, (HEREIN C;AI~EB;'FEDERATIQN~')-, ~ ICM INTERNATIONAL CREATIVE. MANJ~(~EMENT, INC. I~ALENT AND'LII'!ENAR~i' AGENCY 13177 lOV 0 § 1999 KAREN VEITCH AGENT ~942 Willhtm ~ ~10) ~ Whenever The Term ;~HE LOCAL'UNION" Is Used In This Contract, It Shall Mean The Local Union Of The Federation With Jurisdiction Over The Territory In Which The Engagement Covered By This Contract Is To Be Performed. THIS CONTRACT for the personal services of musicians on the engagement described below is made this 11th day of November, 1999 between the undersigned purchaser of music (herein called "Purchaser") and the undersigned musician or musicians. 1. nAME AND ADDRESS OF PLACE OF ENGAGEMENT: Eagle Lakes Community Park; Tamiami Trail East; Naples FL USA 34112 941/370-1809~ NAIV[E OF BAND OR GROUP: EDDIE MONEY ~JMBER OF~IUSICIANS: 6 2. pATE(s)~ AND TIME OF ENGAGEMENT: 12/12/99 Approx 06:45 PM Length: Approx. 90 minutes Load In: PER ADV Sound Check: PER ADV Doors Open: 1:00 PM On Stage: 5:00 PM 3. TYPE OF ENGAGEMENT (dance, stage show, banquet, etc.): Stage · One Performance Age Limit All Ages 4. COMPENSATION AGREED UPON (Amount and Terms): $9,0OO.00 U.S. Currency Flat Guarantee Purchaser Will Make Payments As Follows: DEP0SlT:(Certifted Check, Money Order or Bank Draft') payable to INTERNATIONAL CREATIVE HANAGEMENT, INC. as agents $4,500.00 Due AT ONCE $4,500.00 To be paid in United States currency (Certified check, money order, Bank Draft or Cash) to leader prior to performance on night of above engagement OR ACT WILL NOT PERFORS. Overages, if any, shall be paid to Musician at settlement on evening of performance. 5. ADDITIONAL CLAUSES: SIGNED CONTRACTS AND ARTIST RIDERS ARE TO BE RETURNED TO ICM BY 11/20/99. Admission is FREE. Attendees are requested to bring non-perishable food items for admission. Purchaser will proVide and pay for 1 suite and 11 ~ingle rooms in a first class hotel. Purchaser will fulfill rider requirements as stated in Artist's rider regarding production, catering, etc. Merchandising Deal: 100X Artist is Seller. ~ILLING: 100X Top Headline Billing and Will Close Show ~UPPORT: To be announced CAPACITY: 8,000 ~OUND & LIGHTS $ PURCHASER TO PROVIDE & PAY FOR FIRST CLASS SOUND & LIGHTS TO ARTIST'S Core Tax I.D. 115-40-0094 SPECIFICATIONS. TICKETS: 8000 @ FREE DROSS POTENTIAL: NAMES OF ALL MUSICIANS Edward Mahoney Tommy Girvin John Snider, Jr. Randy Forester Trent Stroh Bobby LeVine LOCAL UNION ~0~ US SOCIAL. SECURITY N0fs) 6 115 40 0094 47 .559 67 8916 263 551 15 9083 6 411 92 4347 47 547 67 4176 7 089 40 5075 ietn: 2564442 OR: 2617 PG: 2901 CLHI TO Till BOA~I) IICORDID tn the O~HCIAL RIICORDS 0f COLLIBR COIIHH, IL IiC Ill I05,00 IliTIROFHCl ITH nOOR lZl..0:J/1OOO at. 03:42PH DWIGHT I. BROCK, CLBRK COPIBS 22.00 SIT IN WITNESS ~REOF~ the pa~ties' hereto have hereunto set their names and seals on the day and ' year first above written; Col~.i:~fl~!~y~),vermnent/Pamela S. Edward Mahoney p/k/a EDDIE MONEy/Edward Mahoney 6' ~;~c~c~ Signature of Sisnat~y ~u~'ia~e Local Union ~o. ~;~i~:~:~,)., ~/~ ~/~0w V~~t 57th Street . All ~pll$ of lhll m~l~ end ~ched riders Ire to ~ Ilgnod ind returned AT ONCE to I~RNATIONAL CREA~VE ~NAGE~, INC. IS ~enl ~r the Muli~Mns. ~E ABOVE 81GNATURE8 CONFIRM THAT THE PAR~ES HAVE R~D AND APPROVED EACH AND ~L OF ~E 'ADDmONAL ~R~ AND COND~IONS" S~ FOR~ ON THE REVERSE SIDE HEREOF, AND OF ANY RIDER, EXPENSE 8HE~, OR ADDENDUM ~ICH ~Y BE ANNE~D HER~O. ADDITIONAL TERMS AND CONDITIONS OR: 2617 PG: 2902 0 ggg 6. No performance shall be recorded, reproduced or transmitted from Ihs place of performance, in any manner or by.any means whatsoever, In the absence of a specific written agreement with the Federation relating to and permitting such recording, reproduction or transmission. 7. It is expressly understood by Ihe Purchaser and the Musician(s) who are party to the contract that neilher the Federation nor the Local Union are parties to this contract in any capacity except as expressly provided in 6 above and, thereforo, that neither the Federation nor Ihe Local Union shall be liable for the performance or any breach of the proviiion hereof. 8. · A representative of the Local Union, or the Federation, shall have access to Ihe place of engagement covered by this contract for purposes of communicating with the Musician(s) performing the engagement and the Purchaser. g. If Purchaser shall fail to perform any of Purchaser's obligalion hereunder, or if Purchaser shall, for any reason, elect to c, ancol the above-mentioned engagement, Musician or musician's agent may, at ils oplion, elect to cancel this agreement upon notice to Purchaser at any time after such default. III cancellation is so elected, Musician, at its option, may elect to exercise all remedies then available at'law, or retain and/or be paid as liquidated damages those monies required to be paid as deposit pursuant to paragraph 2 of this agreement.] 10.' Musician shall have sole and exclusive control over the produdion, presentalion, and performance of Ibe engagement hereunder, Including but not limited to, the details, means and method of the performances of the performing musicians hereunder, and Musician shall have the sole right, as. Musician may see lit, to designate and change at any lime the performing personnel. Musician's obligations hereunder are subject to detention or prevention by sick/~ass, inability to perform, accident, means of transportaficn, Act of God, riots, strikes, labor difficulties, epidemics, any act or order of public authority or any other cause, similar or dissimilar, beyond Musician's control. 11. The person executing this agreement on Purchaser's behalf warrants his authority to do so, and such a parson hereby pamonaily assumes liability for Iha payment of said price in full. 12. Purchaser agrees that the entertainment p'resentatlon will not be included In a subscription or other type o! series without the written consent of Musician. Free admission, il any (except to local press), shall be Subject to Musician's prior written approval. In the event that payment to Musician .shall be based in whole or in part on 'receipts of the performance(s) hereunder: (a) the scale of the ticket prices must be submitted to and approved by Musician in writing before lickers are ordered or placed on sale; (b) Purchaser agrees to deliver to Musician a certified stetemanl ol gross receipts, of each such performance within two hours following such performance; and (c) Musician shall have the right to have a representative present in the box olfice at ail limes and such representalJve shall have the right to examine and make extracts from box office records of Purchaser relating to gross receipts of this engagement only. 13. If before the dote of any scheduled performance Il Is found the Purchaser has not performed flJlly its obligations under any other agreement with any party for another engagement or that the financial credit of the Purchaser has been impaired, Musician may cancel this agreement. In the event that Purchaser does not perform fully all ct it's obligations herein, Musician shall have the option to perform or refuse to perform hereunder and in either event Purchaser shall be liable to Musician for damages in addition to the compensation provided herein. f4. Musician shall have the sole and exclusive right, but not the obligation, to sell souv~ air programs and other souvenir Items including phonograph records in connection with, and at, the performance(s) hereunder and the receipts ~erafrom shall belong exclusively to Musician. 15. This constitutes the sole, complete and binding agreement between the parties hereto. INTERNATIONAL CREATIVE MANAGEMENT, INC; acts only as agent for Musician and assumes no liability hereunder. 16. Resolutions of controversies or claims: Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be submitted to arbitration under one of the following procedures to be selected by lhe Purchaser at Ihe lime that this contract is signed, by placing his or her initials in the box adjacent to the procedure selected. In the event that neither box is initialed, it wile be presumed that Ihe Purchaser has chosen the' procedures set forth in 'B': A. (American Arbitration Association) Any controversy or claim arising out o~ or relating to this contract, or breech thereof, shall be settled by arbltralion in accordance with the Commercial Arbitration Rules of the Americeri Arbitration Association, and judgment on the award may be entered in any court having jurisdiction thereof. The cost of the arbitration proceeding, except those costs personally incurred by the parties hereto for the presentalion of their own case, shall be shared equally by the Purchaser and the Signatory Musician(s). lT. (Local Union) Any controversy or claim arising out of or relating to this conlrant, or breach bSareof, shall be settled by arbltralion bY the Executive Board or any other body of the Local Union charged wilt the responsibility of settling such controversy or claim. All rulings and awards made by the Local Union in arbitration hereunder may be appealed to the International Executive Board of the Federation (herein called IEB) by any party who was a participant therein. Appeals from such proceedings shall be perfecled in the manner provided by the Rules of Practice and Procedure of the IEB in effect at the lime of such appeal. All rulings and awards.mede by the Local Union in arbitration which are not appealed to the IEB shall be final and binding upon the Purchaser and participating Musician(s) and all rulings and awards made by the IEB on appeal shall be final end binding upon the Purchaser and participating Musician(s). Any party to an arbitration proceeding before the Loc. al Union or to an arbitration appeal to the IEB may bring an action to confirm or enforce a final determination and award of the Local Union or, if appealed, of the IEB in the courts of jurisdiction in which the office of the Local Union is located; and the Purchaser and participating Musician(s) agree to submit to the jurisdiction of such court or courts for that purpose. paymant~ hereunder are to be made in the name of a payee other Ihan INTERNATIONAL CREATIVE MANAGEMENT, INC., Purchaser will prepi~re all applicable Federal and State tax Information retums Including Federal fora 1099.MI80, Federal form W-2, or Federal form 1042~. 1999-2000 READY EDDIE~/~~ RIDER Hotel: Eddie,Money / 1999 Check In Date: Check Out Date: NAME 01) Joseph Keller 02) Bob LeBarre Tour Manager 03) Tommy Girvin 04) Randy Forrester 05) John Snider 06) Trent Stroh 07) Dave Barnett 08) Bobby LeVine 09) Donni~Barnhart 10) Justin Case 10) Jon Graves 11) Jeff Weirick Non Smoking Room Adjoining mo-room suite Smoking, Single King ROOM # BAG # Non Smoking, Single King Smoking, Single King Non Smoking, Single King Non Smoking, Single King Smoking, Single King Smoking, Single King Non Smoking, Single King Non Smoking, Single King Non Smoking, Single King Non Smoking, Single King Please have all guests pre'registered with keys and rooming lists ready for distribution on arrival. Ample parking for 45' bus with trailer may be required and asked for (street parking is not an option). No rooms are to be near vending machines, elevator shafts, or located on a side of the hotel facing a main thoroughfare or facing east (sunrise). Several members of the entourage are day sleepers. Please instruct the housekeeping staff to delay their duties in our section of the hotel as long as possible. Lodging charges for the entire group are to be handled by Mr. LeBarre and all lodging charges are to be maintained on a separate folio under Mr. LeBarre's name. In the event of any We thank you for your consideration and look forward to our visit. 8~~ Mr. LeBarre immediately. He can be reached on his voice mail cell July 28, 1999 In all headline situations, A~ist shall receive 100% Headline ~iilin~. In any and all publici~ rele~es and paid adve~isemcnts, including but not limited to pro~s, fliers, si~s, lobby ~ards and marquees. ~o other name or photo~ph shall sp~ in ~ ~th rester to size, ~ickness, ~idness and prominence o~e ~ accorded ~ist ~d no other n~e or photo~ph s~li ap~ar on thc ssmc linc or above the nsme o~ ~. ~en not ~dlinJnB, ~ist sh~l alsys moire ~cial Guest S~r ~illin~ ~d s~ll meive not less ~n ?5% o~ ceremon~ m~t ~ approved b? ~ists represen~tive p~o~ to confi~ation o~ sup~in8 set Billin8 Jo ~l ~ve~isJn~ ~d )ublJcJ~ is to re~: EDD~ MO~Y Radlo' Station or Product CO-Pre~ent~ Promoter Co.Promote~: ~y pro~s~ for m~o s~tion ~ ~ and approved by ~'s ~agement ~or to ~y ~ation of such tie-in c~sent or ~ promote. Mso, ~y c~pmmo~ sit~fion ~ ~y promoter other ~n con~ct sider ~ sho~ ~11 fi~ 2. CANCELLATION Purchaser agrees that Artist may cancel the Engagement hereunder, at Artist's sole discretion. By giving Purchaser notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. 3. FORCE MAJEURE A~ist's obligation to furnish the Entertainment unit referred to herein is subject to the detention or prevention by sickness, inability to perform, accident, means of transportation, Act of God, riots, strikes, labor difficulties, epidemics and or order of any public authority or any cause, similar or dissimilar, beyond Artist's control. Provided Artist is ready, willing and able to perform, Purchaser agrees to compensate Artist in accordance with the Term hereof regardless of Act of God, fire, accident, riot, strike or any events of any kind or character whatsoever, whether similar or dissimilar to the foregoing events which would prevent or interfere with the presentation of the show hereunder. 4. INCLEMENT WEATHER Notwithstanding anything contained herein, inclement weather shall not be deemed to be a force majeure occurrences and the Purchaser shall remain liable for payment of the full contract price even if the performance (s) called for herein are prevented by such weather conditions. Artist shall have the sol right to determine in good faith whether any such weather conditions shall render the Performance(s) impossible, hazardous or un~fe. July 18, 1999 N OV 0 9 i99§ 9. PURCHASER ASSUMES LIAB1L. ITY Except as otherwise herein specifically provided, Purchaser hereby assumes full liability and responsibility for the payment of any and all cost's, expenses, charges, claims, losses, liabilities, and damages related to or based upon the presentation or production of the show or shows in which Artist's is to appear hereunder. 10. SPONSORSHIP All forms of sponsorship, whether part of an ongoing series or specifically for Artist's show, must be authorized by Producer. 11. BOX OFFICE PROVISIONS In cases where the Artist is being paid on a percentage basis, Purchaser agrees to deliver to the Artist's representative a plot plan and printers manifest of the house (Notarized, signed statement from the printer of the tickets, listing amount of tickets printed at each price). Purchaser further agrees to have on hand at the place of performance the night of the show, for counting and verification by representatives of the Artist's, all unsold tickets. Artist shall be compensated for the difference between the number of unsold tickets on hand and shown to its representative and the number of tickets primed as shown by the ticket manifest. If Purchaser shall violate any of the preceding provisions of the paragraph, it shall be deemed that Purchaser has sold a ticket for each seat in the house (and any permitted standing room) at thc highest ticket price for which the house is scaled. Purchaser further agrees to give said representative the right to enter the box- office at any time (during and after the performance) and to examine and make extracts from the box-office records of Purchaser relating to the gross receipts of this engagement. A written box-office statement, certified and signed by Purchaser, will be furnished to Artist's within two (2) hours following each performance. Purchaser may not sell tickets to performance herein as part of a subscription or other type of series of concerts, without written consent of Artist's. Ali tickets printed under the manifest shall be oftbe one stub, one price variety. There shall be no multiple price tickets printed. Examples of tickets prohibited under this agreement are: a). One price for students and a different price for general admissions of the same tickets, or, b). One price for tickets bought in advance and a different price for tickets bought at the gate on the same tickets. Further, no tickets can be sold for seats located to the rear of the stage where the stage and equipment on stage is obstructing normal eye-level viewing of Artist's performance, unless the location of the seat is clearly indicated on the tickets. Tickets sold behind bandstand must be marked "Impaired Vision" or "Behind Bandstand". If Purchaser violates the above agreement, he shall be liable for the total amount of tickets sold at the highest price primed on the ticket. A bonded ticket house shall print all tickets. (Example: Globe Tickets, Arcus-Simplex) or, if the performance is at a coil.ego or university. The official, p~nting department of the university or college. Purchaser agrees not to discount tickets or to offer tickets as a premium without first obtaining permission in writing from the Artist. If Purchaser does sell or distribute discount or complimentary tickets without prior approval, or is in excess of thc number printed, he shall be liable for the full ticket price of each such ticket sold or distributed. N . ! ente~inment ~it in co~ection ~th the engagemenL including but not limited to, the details, means and methods of the ~ffo~ce of ~he eme~i~ent unit and each member thereof, and the ~rsons to be employed by the ~i~ in ~ffo~ing the provisions hereof on ~ist's ~ to be ~ffo~ed. Artist shall ~ve ~e sole right, ~ ~ist may see fit, to desi~ate and change the ~ffo~ing ~rsonnel other than ~e ARist. It is s~cifically ~de~t~d and a~ed t~t a ~esenmtive of the ~ist shall have the sole and absolute au~od~ in directing ~rsonnel o~mting all li~ting ~d ~ound equipment du~ng ~ rehearsal ~d each ~ffo~ce ~heduled herein. ~ "~'~ ' ~: '~ ,, ;'~. ~ ~~ ~e ~~ ~ist ~ll not ~ffo~" ~ -~e-ro~d' ~s s~ifi~ on ~e; fa~ offs con, ct. c'~ ~}~ ~ist shall not ~ requi~ ~ ~ffo~ ~fore a S~e~ted Audience. ~ ~'. ~ ~ ~se~ ~e a~roval fi~t of ~y other ~ons to ap~ in conj~ion ~th this ~ffo~ance ~d ~e figh~ w dete~ine ~e len~ ~d ~ of their ~ffo~ce(s). A ~olation of this elaine s~ll ~tle ~ist to re~se m ~ish ~e ~ffo~e~ described herein but Purch~er shall remain obli~ted m~e all ~ents herein ~t fo~. P~ch~r a~s ~at ~ere ~11 ~ no M~ter of Ceremonies, no welcoming s~eches, no in~uctiom, ~d no ceremonies nt inte~ission except ~ ~ist may direct. 7. REPRODUCTION OF PERFORMANCE No portion of the performance rendered hereunder may be broadcast, Photographed, recorded, filmed, taped or embodied in any form for any purpose! or reproducing such performance without Artist's prior written consent. Purchaser will deny entrance to any persons carrying audio or video recording devices without limiting in any ,,ay the generality of the foregoing prohibition, it is understood to include members of the audience, press and Purchasers staff. In the event that the Purchaser, his agents, servants, employees, contractors, etc., reproduce or cause to be reproduced the Artist's performance in the form of films, tapes, or any other means of audio or video reproductions, upon demand by Artist. Purchaser shall deliver all of the same (together with any and all masters, negatives and other means of reproductions thereof) to Artist at Purchaser's sole cost and expense, in addition to all other legal or equitable remedies which Artist may have. $. PERSONAL APPEARAN. CES & .INTERVIEWS Purchaser agrees that he will not commit Artist to any personal appearances, interviews, or any type of promotion or appearance without Artist's prior consent. Artist is usually ve~j happy to do whatever interviews Purchaser deems necessary to promote the show. However, because of Artist's rigorous travel and promo schedule, it is imperative that requests for interviews, phone-in, or photos be made at least 48 hours in advance. We sincerely regret that Artist will not be available for interviews the day of the show without such prior notice. ~ Ze r/'e tn- July 18, 1999 OR: 2617 PG:.2908 N OV 0 § 199 12. COMPLIMENTARY Please make available to the tour manager at 4 P.M. our allotment of forty (40) complimentary tickets, ticket envelopes and backstage passes. In a reserved seating venue, please have seats reserved in the middle orchestra (floor) section between rows Five (5) & Fifteen (15). With three weeks prior notice from thc tour manager, or in venues with Seating, you will be expected to provide up to seventy-five (75) complimentary tickets. The number of complimentary tickets and passes given out by you including house and media corps must be approved by ICM prior to the day of show and must be fully accounted for during settlement. All photo passes will be provided through Artist's tour manager, Bob LeBarre 818-398-I 833. 13. SCALING Purchaser will clearly prim the specific capacity, gross potential, and ticket price breakdown of the facility where Artist's is to perform under this agreement on the face oftbe contract that this agreement is attached to. In the event Artist's is to receive a percentage of the gross receipts for this engagement pursuant to the terms hereof, the term "gross receipts" or "gross box- office receipts" or similar phrases, shall mean all box office receipts computed on the basis of the full retail ticket price for all tickets sold and in no event less than the full retail tickets price for all persons entering the performance with no deductions of any kind, less only federal, state, or local admission taxes and allowable discounts as approved by Artist's in writing. The Purchaser agrees to scale the ticket prices for this engagement of guarantee potential gross receipts of no less than $ 14. FAIL~ TO FIJLF~ OBLI,,GATIQN$ Each one of the terms and conditions of this contract is of the essence of this agreement and necessa~.' for Artist's full performance hereunder. In the event Purchaser refuses or neglects to provide any of the items herein stated, and/or fails to make any of the payments as provided herein, Artist's shall have the right to refuse to perform this contract, shall retain any amounts therefor paid to Artist's by Purchaser. and Purchaser shall remain liable to Artist's for the agreed price herein set forth. In addition, if, on or before the date of any scheduled concert, Purchaser has failed, neglected, .or refused to perform any contract with any other performer for any earlier engagement, or if the financial standing or credit of Purchaser has been impaired or is in Artist's opinion unsatisfactory, Artist's shall have the right to cancel this engagement by notices to Purchaser to that effect, and in such event Artist shall retain anx amount therefore paid to Artist by Purchaser. · OR: 2617 PG' 2909 July 18, 1999 ' ~ , o 15. MODIFICATION OF CONTRACT It is understood and agreed that the contract may not be changed, modified, or altered, except by an instrument in writing, signed in accordance with law of the State of California. This contract may not be assigned, or changed, modified or altered except by an instrument in writing signed by the parties. Nothing in this agreement shall require the performance ofany act contrary to the law or to the rules or regulations of any union, guild, or similar body having jurisdiction over services of Artist or over the performance hereunder. When ever there is any conflict between any provisions of this contract and any law, or any such rule or regulation of any such union, guild or similar body, such law, rule or regulation shall prevail, and this contract shall be modified to the extent necessary to eliminate such conflict. This is the sole and complete agreement between the parties with respect to the engagement. Nothing in this contract shall be construed to constitute the parties as a partnership or joint venture, and Artist's shall not be liable in whole or part for any obligation that may be incurred by Purchaser in carrying out any of the provisions.hereof or otherwise. ~' ' ..... ~' 16. INDEMNIFICATION A. Purchaser agrees to indemnify and hold harmless Artist's and his employees, contractors, and/or agents from and against any claims, cost's (including attorney's fees and court cost's), expenses, damages, liabilities, losses or judgments arising out of, or in connection with, any claim, demand or action made by any third party, if such are sustained as a direct or indirect consequence of the Engagement. B. Purchaser shall also indemnify and hold harmless Artist and his employees, contractors and/or agents from and against any and all loss, damage and/or destruction occurring to its and/or lis employees, contractors, or agents instnnnents and equipment at the place of the Engagement, including, but not limited to, damage, loss or destruction caused by Act of God. 17. TAXES Purchaser shall pay and hold Artist harmless of and from any and ali taxes, fees, dues and the like relating to the engagement hereunder and the sums payable to Artist shall be fm of such taxes, fees, dues and the like. 18. CHOICE OF LAW/FORUM This agreement shall be deemed made and entered into the State of California.and shall be governed all of the laws of such State applicable to agreements wholly to be performed therein. 19. ANTICIPATORY BREACH If on or before the date of any scheduled performance hereunder, the financial standing or credit of Purchaser has been impaired or is unsatisfactory, Artist's shall have the right to demand payment forthwith of the guaranteed compensation specified above, and if Purchaser fails or refuses to make such payments forthwith, Artist shall then have the right to cancel this agreement. In the event of such cancellation, Artist's shall have no further obligation to Purchaser hereunder, and shall retain any monies therefore paid to Artist's by Purchaser. July 18, 1999 20. INTERNATIONAL TRAVEL OR: 2617 PG: 2910 N OV. {! 9 !99 In the event the place of performance is outside the continental limits of the United States, Purchaser agrees to procure, at his sole expense, for Artist and part, the necessary visas, work permits and other documents of any nature whatsoever necessary or usually obtained to enable Artist to render its services hereunder. Also, Purchaser shall be responsible for, and indemnify and hold Artist's harmless from and against all local, municipal and country or government taxes, fees, or levies on all income earned by Artist's, or Artist's employees while in the country or countries covered by this contract. 21. INSURANCE PurchaSer shall provide the following'insurance coverage (I) a policy of public liability and property damage insurance with limits of not less th_an One Million Dollars ($1,000,000.00) per event or Three Million Dollars ($3,000,000.00) general aggregate to protect against injuries to persons or property as a consequence of the installation and/or operation of the equipment provided by the Artist (H) A policy of Worker's Compensation Insurance covering all of Purchasers employees Who are involved in any manner in the installation, operation and/or maintenance of the equipment provided by Artist; and (m) A policy of public liability and property damage insurance naming .Eddie Money, and their officers, agents and employees individual and collectively, as additional insurers therein in an amount not less than Two Million Dollars ($2,000,000.00) for each event and Five Million Dollars ($5,000,000.00) general Aggregate. Purchaser shall supply Artist's with appropriate certificates of Insurance showing that all of the above insurance coverage is in full force and effect in the manner and for thc amounts as specified above at least two weeks prior to thc show date. Purchaser is solely responsible for such complete insurance coverage. Purchaser hereby indemnifies and holds Eddic Money. and each of them, and their respective licenses, employees, agents and designees fm and harmless from and against any and all loss, costs, damage or expenses, including reasonable attorneys fees incurred or suffered by or on behalf of any third party entity, person, firm or corporation as a result of or in connection with the engagement, which claim does not result directly from the sole negligence of Artist, or their respective employees, licensees, agents and designees. Artist warrants that all employees of Artist and Workman's Compensation Insurance; a certificate evidencing such coverage to be carried by the tour accountant covers Artist's subcontractors. 22. MERCHANDISING Purchaser agrees that Artist and/or his representative shall have sole and exclusive right to the sale of souvenir booklets and other merchandise at this performance. Purchaser further warrants that there will be no sale or other distribution of musical recordings (records, tapes, CD's, DAT, video) or any other souvenir material at this performance without the express written permission of the Artist's. Purchaser agrees tO provide adequate space for representative of Artist to vend such souvenir booklets. The number of stands needed will be designated by the Artist's merchandising director and must be complied with by the hall,' These stands shall be immovable and given proper police security. All hall sellers shall be used at the discretion of Artist's merchandising director. Artist's merchandising director shall have thc right to requcst additional hall sellers if he feels that a sufficient number has not been provided. '" ~'' '~ :~' "~ i~ ' , . PLEAS~ NOTEi'All ope~ng Act Sales must match Eddie Moneys Price List. July 18, 1999 OR: 2617 PG: 2912 tOV 0 9 199 PRODUCTION REQUIREMENTS 1. PRODUCTION OFFICE We will require a room at stage level to be used as our production office. Said room must have two (2) incoming/outgoing phone lines. It would be most beneficial if these were direct touch-tone lines not routed through any office switchboard and have modular phone jacks. Please make available to us a photocopy machine and fax machine. 2. SECURITY You must provide enough security and insurance against all loss of musical and electronic equipment, road cases, and personal property of the band and crew in the dressing rooms, backstage area, and on stage. At all times when Eddie Money and/or band are at the venue, T-Shirted security personnel are needed at the backstage entrance and at the side of the stage when the band is on stage. When doors are open to the audience, T-Shifted security personnel are also needed at the mixing lighting consoles. Security in Front ofthe stage is a must. Please have the head of security available to speak with the tour manager regarding deployment of security personnel. It is essential to provide security (either T-Shifted or uniformed) in the area of our trucks and buses until load out is completed. Security must be provided in the area of the dressing room from doors open to doors close. A security barricade, when required by local ordinance, should be of Iow profile design and as inconspicuous as possible. The barricade should be supplied when it is necessary to ground support from the pit. * Please Note: Eddie would prefer lo have a barricade 2 to 4 ft. from the front of the stage. Stairs stage right and stage left with railings and lights are needed. 3. SO, .Ub C.HE,CK Our sound check is very important to us and normally will require one to two hours. Sound Check must be completed to the satisfaction of the band and technical crew before the band leaves the stage and the doors open. Only necessary working personnel will be allowed in the hall during sound check. Although it is Eddie Money's policy to always allow a support band to sound check, we must reserve the right to sound check up until the same time the doors open, and even hold the opening of the doors, if there are unexpected technical difficulties. July 28,i1999 OR: 2617 PG: -2913 4. DRESSING ROOM REQUIREMENTS One large room for Eddie with full-length mirror, electrical outlets, clothes hangers, and clean bathrooms with hot and cold running water, showers, and soap & towels. One large room for the band with same, plus comfortable seating for 15 people. This room will be used for band hospitality. The dressing rooms should be well lit,'clean & dry, with independent heating and cooling controls. Please keep the support act's dressing room(s) in a different area or on a different floor than ours. * Please note that it is very important that you make sure these rooms, has been thorouRhl¥ cleaned ** Showers should be available with hot water from rigging call until one hour after load out. 5. PARAGRAPH HEADINGS Paragraph headings are inserted in this rider for convenience only and are not to be used in interpreting this agreement. AGREED TO AND ACCEPTED: PURCHASER EDWARD MAHONEY A/K/A EDDIE MONEY ALL PAYMENTS BY CHECK: should be made out to EDDIE MONEY. Eddie's Federal ID # is 94-2372618 ANY PROBLEMS OR QUESTIONS should be discussed well m advance of the show date with the following Artist's representatives: BOOKING AGENT: ICM Christianne Weiss or Terry Rhodes 40 W 57th St. NY, NY 10019 phone# (212) 556,~: $'g ff~ fax # (212) 556-6847 Tour Manager, Bob LeBarre 818-398-1833 for advancing 603-372-0727 Fax Production Manager, Jeff Weirick ~ for advancing July 18, ! 999 OR: 2617 *MEALS LUNCH FOR 8 SHOULD BE SERVED AROUND 1:00 P.M. DINNER FOR 17 SHOULD BE SERVED I HOUR BEFORE DOORS FOLLOWING SOUND CHECK USUALLY 6:00 P.M. *** OF THE MEALS, TWO SHOULD BE AN UNBREADED, BAKED OR GRILLED BONELESS, SKINLESS CHICKEN BREAST (spices ok) *** BUY OUT FOR LUNCH MAY BE SETTLED IN THE FORM OF BUY OUT OF NO LESS THAN $15.00 per PERSON *** BUY OUT DINNER MAY BE SETTLED IN THE FORM OF BUY OUT OF NO LESS THAN $20.00 per PERSON "PLEASE" ADVANCE DINNER WITH TOUR MANAGER BOB LEBARRE 818-398-1833 PG: 2914 OR: 2617 July 18,'1999' PG: 2915 0 1992 HOSPITALITY FOR EDDIE MONEY LOAD IN,.', .(normally at noon) MIXED ASSORTMENT OF DRINKS (Sodas, Water, Coffee, Near the STAGE and RESTOCKED till DONE) LUNCH FOR 8: SMALL MEAT DELI TRAY WITH BREAD & CONDIMENTS OR CHOICE OF SUBW ANY RESTAURANT (muse be Non-Fat food available, boneless skinless chicken breasts for 3 preferred) IN DRESSING ROOM A r BAND A ,R~, VAL: (usually 5:00 P.M.) CONTINUOUS HOT WATER & FRUIT TEAS, CAFFEINE FREE~ WITH LEMON & HONEY * CONTINUOUS HOT COFFEE, RF_,GUI.,AE ~ DECAl: ·'I :,; ~.; ~ :~., COFFEE CONDINEMENTS, HALF & HALF, PACKETS OF SWEET & LOW OR EQUAL, SUGAR AND NON-DAIRY POWDERED,CREAMER, 1 GALLON OF 2% MILK, FRENCH VANILLA CREAMER. 1 QUART OF FRESH SQUEEZED ORANGE JUICE 2 CASES 24 LOT EACH OF 16 OZ. Bottles NATURAL SPRING WATER 2 LARGE 'A LB. BAGS M & M'S, 1 WITH PEANUTS, 1 WITHOUT I BAG OF OATMEAL RAISIN COOKIFS 1 BAG OFOREO COOK--S 1 BOX CLIFF ENERGY BARS 1 BOX OF HOSTESS CUPCAKES 1 DOZEN SNACK WELLS LOW FAT FRUIT BARS AND COOKIES [ANY FLAVOR] I ROLL OF PAPER TOWELS I DOZIZ~N 20 OZ. HOT CUPS 1 DOZEN 20 OZ. COLD CUPS 1 BOTTLE of OCEAN SPRAY CRANGRAPE OR CRANAPPLE JUICE 2 PACKS OF WATERMELON BUBBLIOUS GUM 2 PACKS OF HALL'S COUGH DROPS (BLUE) 2 ROLLS OF TUMS !,,.In Dressing_ Room 1 Hour Before Show Time I BOX SWISS MISS (1 BOX FAT FREE) or COMPARABLE HOT CHOCOLATE MD( 2 6-PACKS OF PEPSI i CASE of DIET COKE 1 CASE of COKE 1 6 PACK OF DIET MTN. DEW 1 6 PACK of 7- UP 1 6' PACK ROOT BEER 2 4-PACKS SNAPPLE PINK LEMONADE / REGULAR LEMONADE 4 ASSORTED YOGURT FRUIT FLAVORS [FAT FREE] OR: 2617 PG: 2916 July 28, 1999 ~t'JV ~. ~ !~}~]~ 6 SOLID WHITE TUNA LUNCHABLES SNACK PACKS [LOW CAL & FAT with Crackers & Mayo (Comes with Easy Open Top and is NOT pre-mixed) 3 ASSORTED LUNCHABLES I LARGE BAG OF NACHO DORRITOS I LARGE BAG of POTATOES CHIPS WITH FRENCH ONION DIP SUFFICIENT ICE & CONDINElv[ENTS [RESTOCK ICE WHEN NEEDED] 25 LARGE BATH TOWELS I DELI TRAY OF FRUIT & VEGETABLES WITH DIP ******** 1 MEAT and CHEESE DELI TRAY FOR 10 WITH 1 LOAF OF 7 GRAIN BREAD (Must be kept cold or refrigerated, sealed meats & cheeses are a great substitute) · 1 MULTI-Pack (24) Kellogg's Assorted Boxes of Cereal, Small Boxes, with pa~k of bowls Please pre-order 4 large pepperoni pizza's for delivery after show STA GE DRINK LIST: {ALL STAGE DRINKS SHOULD BE PULLED FROM MAIN DRESSINGROOM LIST} (To be put on stage right by guitar world 1 hour before show or time agreed on) * 2 BUS TUBS (Or I LARGE CONTAINER) FILLED WITH ICE * 1- 6 PACK DIET COKE * 1- 6 PACK REGULAR COKE * 1 CASE (24) of 16 Oz. BOTTLES of NATURAL SPRING WATER * 16 LARGE BATH TOWELS. ******** 2 DOZEN 20 Oz. (Non See Through Solo Plastic Cups) .. OR: 2617 PG: 2917 { OV § 199§ Please advance the following with Jeff' Weifick, Production Manager; Sound Rider The Eddie Money Band does not share mixing consoles with any other act on the bill. Attention: All equipment including: mixing desks, effects, eqs, gates, compressors, limiters, reverbs, delays, mics, mic lines, snakes~ amplifiers, speakers, cabinets, and all connecting cables must be fully operable and in good working condition. WE DO NOT SHARE, MIXING DESKS!Il House Sound System " ...... ':'i~ :'~' ' ~"'<;' {'' ' / .~, f 'i'~ ':~. =,':~C '.:,~~ i'. ~ .... ~, ? - ~ · us ster · Speaker system must be at least a 3 way system capable of achieving 120db of Clean, Clear, Full- range sound at the rear of the venue. Mixed position; must be no greater than 12" above head height, must be center of stage, and between ?~ fee~ and 100 feet from front of stnge. ' From of house drive rack must have 2 (two) 31 band 1/3 octave graphic Eq's regardless of the other processing Rouse playback I Cassette deck recorder ! CD Player · CD Playback must not be included in the 40 channels required F.O,.H: Cons. ole A Yamaha 40 Channel PM 4000 is the required console. If unavailable a state of the art 40 channel console containing a minimum of 8 Aux. sends, 8 VC^'s and 8 sub groups can be used only by prior approval of production staff. Acceptable consoles are PM 3000, Midas, and some SonndCrafl, and Gamble consoles. F.O.H: OUTBOARD GEAR Six effects are required for the front of house these must contain: 3_ reverbs (SPX 990, SPX 900) 2_ delays; must be programmable 1_ pitch change device (EVENTIDE H3000, H3500, H4000, SPX900, SPX990, SPX90II) 'July 28, 1999 OR: OTHER REQUIRED EFX 8 Gates: Drawmer, Aphex, Intellagate 10 Comps Drawmer, Aphex, DBX Any other brands must be approved! Aceeotable EQuioment fONLY BY PRIOR APPROV, A, L) REVS [REV 5, LEXICON PCM 70, PCM 81, PCM 90, 224 XL,480 XL] DDL [TC2290, SDE 330, SDE 2500, SDE 1000] 2617 PG: 2918 ~40V 0 ~ !99~ Monitor Console Must contain at least 32 fully functional inputs with 10 fully operable independent mixes Must contain at least 3 band parametric or 4 band sweepable eq per channel Acceptable Consoles: Ramsa 840, Sounderat~ SM series, Midas, and some Yamah~ upon approval Monitor EQ Must have 10 functioning 1/3 octave cqs Monitor Que Must have one floor monitor that is representative, (same components), of the wedges that are on the stage. Que must also be able to solo both input channels and post eq output mixes ABSOLUTELY NOPEAVEY&MACKIE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Monitor System 10 bi-amped wedges, with one 15" ortwo 12" low end speakers, with 2" compression drivers (1" are unacceptable) 2 Tri-amped side: fills, EAW Iff 8:50, S-4, PAS, etc I Tri-amped drum fill 4 noise gates I comp/gates 1 Reverb (SPX 90, Rev 5, etc) Lightin~ 64 Par 64's minimum (4 on floor stands) 2 follow spots and operators 3 strobes July i 81 1999 OR: 2617 PG: 2919 ~ 0~ 0 ~ !99~ INPUT INSERT STANDS MICfDI ! Kick Ct+ Sm. Boom ours 2 Snare (Top) m ~ lmm Sm,.I Boom sM-S7 3 Snare (Bottom) Ct+ Sm. Boom RE-20 4 Hi Hat Lg. Boom SM-81 / 451 5 Ride Hat Sm. Boom SM-81 / 4S 1 6 Tom 1 G+, ,~ .... ours 7 Tom 2 G+ ours 8 Tom 3 Ct+ ours 9 Overhead'(right) Lg..Boom SM-81 / 451 10 Overhead (left) Lg. Boom.,. SM-81 / 451 11 Conga Low ..... · ...... , 421 / SM-57 12 Con. High . '~' , .... { 13 Percussion ~: , ..... . Lg. Boom SM-81 / 451 14 Bass DI ~ comp Active DI 15 Bass mic comp straight 421 16 Guitar (left) SM-57 17 Guitar(right) '~,. SM-57 18 Acoustic Guitar I Active DI 19 XP-50 (left) ...... Active DI 20 XP-50 (right) Active, DI ..21 Kurzweil K2500 (left) 2 comps., Active DI 22 Kurz~.. ~il K2500 (fight) Across S.G. 5 and 6 Active DI 23 Organ (high) Straig~ht SM-57 24 Organ (low) 421 25 Vocal - Percussion Comp Lg. Boom SM-58 26 Vocal - Guitar Comp Lg. Boom SM-58., 27 Vocal - B~s Comp Lg. Boom SM-58 28 Vocal - Eddie (RF) Comp ,. Lg. Boom Ours SM-87 uhf 29 Vocal- Eddie (hardwire spare)Comp . . Straight SM-58 30 Sax (RF) comp Our vhf AUG-02-99 MON 01:59 P~ SHERATON HOTEL M OV 0 .q !99~ July 28, 1999 E] o July 18, 1999 OR: 2617 PG: ..2922 ~ O~ ~'1 ~ !9.9~ Advance Sheet Check Option 1 3 tier Standtastic, keyboard stand 1 Roland XP 50 1 Hamm. ond XB2-R Organ ,, 1 Kurtzwell K2500 Keyboard Must contain Orchestral and Contemporary ROM cards 1 Hammond 122 Lesley (or Lesley 147 on approval)with all cables for XB2-R or XB-2 Pre amp for 122 or pre amp pedal for 147 with all cables 2 Sus,tain. P. ed,als , 1 Lesley Volume Foot Pedal I Lesley Rotor Foot Pedals Switch 1 3' Midi Cablet 6 - 8' %' cable 6 8' 114x114 phone cables G~itar Rig#1 3" 'MESA BOOGIE DUAL RE~;TIFIERS ..... 2 , Marshall 1960 reissue 4x12 Slant speaker cabinet 3 30' gu ar cables Bass Rig 2 S V T Heads 1 ' S v T 8X10 cabinet ' or ~ ' 2 Tface Elliot HI Output Heads .... '" ............ ~ ..... '-' with Trace Elliot ,S,.peaker Cabineti~ B ' 4x10 with lx15 enclosures Note Pleaee heye all cables for all connect_.ions Drum Kit , DW ,D. rums 0nly 1 22' Kick Drum 1 10" Rack Tom I ~ ~ 12" Rack Tom 1 '16" Floor Tom I 14" x 6" DW Snare Drum and Stand I DW Hi-hat Note: rack toms should mount on'a cymbal type floor stand 6 cymbal stands I. x-hat with mounting brackets I adjustable throne .......... iwe will:bring our own tom and kick mice,...!~::' pedals~cYmbals and L P/ClaWs for Percussion Kit? : ..... I -. set of L.P. Quinto & Conga · ~ with adjustable center mount stand (to be played standing) or LP. cradles, I set of L.P. Brass Timbales , with adjustable s,tand (Tilting). 1 L.P. Rock Ridge Rider classi(~' (cow bel!) I . ,.L.P. Red Jam Block 2, L.P. (rod mount) tambourines 3 Cymbal stands, D.W. booms preferred 1 Pead X-hat with mounting brackets 1 set 13" hi-hat cymbals Zildjian 2 matched 17" crash cTmbals we wil! bdng our own shakers, sticks & hand tambourines only we will provide L.P. claws for mica for the congas Appx'ovM. n. to ~orm GROUP HEALTH ADMINISTRATIVE SERVICES AGREEMENT THIS Agreement is executed the 1st day of January 1, 2000, by and between Collier County Government hereinafter referred to as the "Plan Administrator" of Collier County Government Flexible Reimbursement Plan and, Corporate Benefit Services of America, Inc. dba Robey-Barber Insurance Services Corporation, 10159 Wayzata Boulevard, Minnetonka, Minnesota 55305, hereinafter referred to~ as "Contract Administrator". WHEREAS, the Plan Administrator has established an employee benefit plan, hereinafter referred to as the "Plan", which provides for payment of certain welfare benefits to and for certain eligible individuals as defined by the Plan's master plan document, such individuals being hereinafter referred to as "Plan Participants"; and WHEREAS, the Plan Administrator desires to engage the services of the Contract Administrator to act as agent for the Plan Administrator and provide administrative services for the Plan; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: SECTION 1 DUTIES AND RESPONSIBILITIES OF PLAN ADMINISTRATOR 1.01 1.02 1.03 1.04 1.05 1.06 The Plan Administrator, through its Risk Management Director, retains all final authority and responsibility for the Plan and its operation. The Contract Administrator is empowered to act only as expressly stated in this Agreement or as mutually agreed to in writing. The Plan Administrator, through its Risk Management Director, shall have final authority in determining the eligibility of claims to be paid by the Plan with the express exception of the amount of any claim eligible for reimbursement pursuant to the applicable stop-loss policy. The Plan Administrator shall have final authority in directing the investment and use of Plan assets. The Plan Administrator shall be responsible for funding to a sufficient level to ensure prompt payment of all expenses incurred by the Plan. The Plan Administrator shall be responsible for collecting all appropriate contributions to the Plan from all Plan Participants. Duties of the Plan Administrator: provide the Contract Administrator with plan enrollment information including but not limited to completed enrollment forms. In addition, for all eligible employees previously covered, the Plan Administrator shall furnish prior effective dates of coverage, prior plan benefits, and information regarding satisfaction of deductible and co-insurance payments. 012696COBRA 1 05110/00 b) notify the Contract Administrator on a monthly basis of any changes in eligibility and participation. Notice of Plan Participant termination must be given within 30 days of the termination. Credits for reinsurance premiums and administrative fees will not be retroactive beyond two months or to the beginning of the current stop-loss contract, whichever time period is shorter; c) review, approve and distribute to all eligible Plan Participants all appropriate and necessary materials and documents, including but not limited to, summary plan descriptions, Plan Document amendments, identification cards, enrollment forms, applications and notice forms as may be necessary for the operation of the Plan or to satisfy the requirements of state or federal laws or regulations; d) satisfy all reporting and disclosure requirements imposed by law; 1.07 The Plan Administrator, to the extent permitted by law, agrees to defend, indemnify and hold harmless the Contract Administrator, its directors, officers, representatives and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties, damages and liabilities, including reasonable attorneys' fees, resulting from or arising out of or in connection with any function of the Contract Administrator under this Agreement or with a claim for benefits unless the court rendering the judgment or the agency making the award determines the liability underlying the judgment or award was caused by negligence, fraud, or criminal conduct by the Contract Administrator. Negligence by the Contract Administrator shall not include any act or omission which is reasonable, made in good faith, and within acceptable industry standards. SECTION 2 DUTIES AND RESPONSIBILITIES OF THE CONTRACT ADMINISTRATOR 2.01 012696COBRA The Contract Administrator agrees to perform the following administrative services for the Plan Administrator: assist in the preparation and printing of a master plan document, summary plan description, identification cards and other material necessary to the operation of the Plan; b) process and adjudicate all claims presented for payment; c) respond to inquiries from the Plan Administrator, Plan Participants and service providers concerning requirements, procedures or benefits of the Plan; d) review all applications for coverage under the Plan in accordance with underwriting guidelines based upon accepted industry practices and executed in a nondiscriminatory manner, to provide assistance in determining eligibility for status as a Plan Participant; e) maintain all claim files for the Plan; prepare and provide monthly fund accounting reports; 2 o$/1o/oo 2.02 2.03 g) h) I) j) k) 1) provide the Plan Administrator with monthly reports and an annual summary report of the operation of its Plan; provide information necessary for and assist the Plan Administrator in preparing reports required by any local, state or federal government pertaining to the operation of the Plan. Additional compensation shall be negotiated between the parties where required reporting or disclosure would require the Contract Administrator to incur additional expense to collect required information; assist the Plan Administrator in the procurement of stop-loss coverage, if requested; prepare a monthly billing statement and collect and remit all insurance premiums and vendor fees, if requested. perform COBRA administration services on behalf of the Plan Administrator to include participant notification, processing of applicable applications, and premium collection and remittance to Plan Administrator. perform HIPPA administration on behalf of the Plan Administrator to include the maintenance of creditable service information and communication of same to employees or employers who inquire. m) provide an on site customer service representative to the Plan Administrator in accordance with the fees included in Exhibit A and the services selected by the Plan Administrator, through its Risk Management Director. Plan Administrator shall provide office space, furniture, and utilities at its expense. Contract Administrator shall provide data processing equipment, data connections, data transmission costs, office supplies and any other miscellaneous costs associated with the support of the on site representative. It is understood by the parties to this agreement that the on site representative is an employee of the Contract Administrator. The Contract Administrator shall inform the Plan Administrator of matters that come to the Contract Administrator's attention regarding appeals and potential legal action involving the Plan. The defense of any legal action involving the Plan shall not be the obligation of the Contract Administrator, but the Contract Administrator shall fully cooperate with the Plan Administrator in the defense of action arising out of matters related to this Agreement. The Contract Administrator agrees to indemnify and hold harmless the Plan Administrator, its directors, officers, representatives and employees against any and all claims, lawsuits, settlements, judgments, costs, penalties, damages and liabilities, including reasonable attorney's fees, resulting from or arising out of or in connection with any function of the Contract Administrator under this Agreement which was caused by the negligence, fraud or criminal conduct by the Contract Administrator. Plan Administrator agrees to provide o 12696COBRA 3 o$/1 o/oo Contract Administrator with prompt written notice of any claim for which Plan Administrator believes there is a potential for indemnification obligation on the part of Contract Administrator under the provisions of this Section 2.03. Negligence by the Contract Administrator shall not include any act or omission which is reasonable, made in good faith, and within acceptable industry standards. SECTION 3 FEES OF THE ADMINISTRATOR 3.01 The Contract Administrator shall receive payment in accordance with its proposal and Exhibit A, incorporated by reference and amended each Plan Year thereafter. 3.02 If the Plan Administrator, for any reason, fails to make a required fee payment or necessary contribution for claim payment as requested by the Contract Administrator on a timely basis, the Contract Administrator may: a) suspend the performance of its services to the Plan until such time as the Plan Administrator makes the proper remittance; b) cease all administrative services retroactively to the end of the month for which full payment was last received. 3.03 The Contract Administrator shall have the right to increase fees if governmental regulation requires additional services, upon providing 30 days written notice of such an increase to the Plan Administrator. 3.04 If the Plan Administrator requests the Contract Administrator to re-process claims due to a retroactive plan amendment or change, the Contract Administrator will be entitled to compensation at the rate of $5.00 for each Explanation of Benefits (EOB) which is re-processed. 3.05 RUN-OUT FEES: If the Contract Administrator is to continue to pay claims on a run-out basis, after termination of the Plan, the following will apply: a) The administration charge in effect at the time of termination will apply, but in no instance will the administration charge be less than $10.00 per employee per month. b) The monthly administration charge will be billed for three (3) months and is payable as of the termination date. Upon the completion of this three month period, the fee for services performed will be on a per claim basis. c) The Contract Administrator will process all claims that are received within six (6) months of termination. d) The fees to be charged for run-out services shall be determined at the time of contract termination and shall be agreed to in a Memorandum of 012696COBRA 4 05/10/00 Understanding to be signed by the Contract Administrator and Plan Administrator, through its Risk Management Director. SECTION 4 LIMITS OF THE CONTRACT ADMINISTRATOR'S RESPONSIBILITY 4.01 The Contract Administrator shall have no responsibility, risk, liability or obligation for the funding of the Plan. The responsibility and obligation for funding the Plan shall be solely and totally the responsibility of the Plan Administrator. 4.02 In the event the Contract Administrator pays any person less than the amount to which the person is entitled under the Plan, the Contract Administrator will promptly adjust the underpayment. In the event the Contract Administrator overpays a beneficiary, the Contract Administrator shall take all reasonable steps to recover the overpayment. The Contract Administrator shall have no liability nor be required to initiate court proceedings to recover an overpayment. SECTION 5 SUBROGATION 5.01 The Plan Administrator authorizes and directs the Contract Administrator to contract with the subrogation vendor identified in Exhibit A, on behalf of the Plan and its subrogation rights. The subrogation vendor shall pursue subrogation rights on behalf of the Plan. The Contract Administrator shall coordinate with the subrogation vendor but shall have no affirmative duty to pursue the Plan's subrogation rights. SECTION 6 RECORDS 6.01 During the term of this Agreement, the Contract Administrator shall maintain for six (6) years following receipt, all records and files in conjunction with the administrative services to be performed hereunder. The term "records and files" shall include the claim files, unissued and canceled checks, bank statements, copies of reinsurance applications and contracts, and copies of the account ledger sheets of the plan accounts. 6.02 Individual claim files shall be available to properly authorized persons. Copies will be made available at the Plan Administrators' expense. 6.03 The Contract Administrator shall within fifteen (15) business days following upon receipt written notice from the Plan Administrator, allow the Plan Administrator or an authorized agent to inspect or audit relevant records and files maintained by the Contract Administrator at the administrative office of the Contract Administrator during normal business hours. The Plan Administrator shall be liable for any and all fees charged by the auditor. The Contract Administrator shall be furnished with a copy of the auditor's final report. Auditors will be required to sign a confidentiality agreement, unless such is not permitted pursuant to the Florida Public Records laws. 012696COBRA 5 o$11o/oo SECTION 7 TERM OF AGREEMENT 7.01 7.02 This Agreement shall become effective at 12:01 a.m. on the 1st day of January 1, 2000, and shall renew annually until terminated pursuant to Section 8 of this Agreement. This month and day shall be known as the "Annual Renewal Date". This Agreement shall constitute the entire contract between the parties and no modification or amendment hereto shall be valid unless in writing and signed by both parties. SECTION 8 TERMINATION 8.01 This Agreement may be terminated: a) on the Annual Renewal Date, by giving written notice of termination thirty (30) days prior; b) on a date other than the Annual Renewal Date by giving written notice of termination sixty (60) days prior; c) upon the date of bankruptcy or insolvency of the Contract Administrator or the Plan Administrator; d) by the non-breaching party in the event the breaching party fails to correct a material breach within fifteen (15) days of receiving written notification of breach of contract by non-breaching party. 8.02 Upon termination by either party, the Contract Administrator shall within sixty (60) days, deliver to the Plan Administrator a report reflecting the Plan Participants' deductible and co-insurance status for the current calendar year as well as a complete and final accounting of the financial status of the Plan. The cost of producing additional reports shall be the responsibility of the Plan Administrator. The Contract Administrator shall retain for five (5) years after termination of this Agreement, all records and files in accordance with standards of insurance record keeping. If the Plan Administrator desires possession of the records and files, the Contract Administrator shall upon the request and at the expense of the Plan Administrator arrange for the delivery of this material to the Plan Administrator or its authorized agent. Upon the receipt of all records and files, the Plan Administrator, through its Risk Management Director shall sign a receipt and hold harmless agreement for the Contract Administrator. SECTION 9 MISCELLANEOUS 9.01 The Contract Administrator shall upon request, present evidence to the Plan Administrator that it is fully licensed and bonded. 9.02 This Agreement shall be governed by the laws of Florida or, where applicable, federal law. 9.03 JURISDICTION: The venue for any dispute, controversy, claim or disagreement between the Parties arising in connection with this Agreement shall be in the 20th Judicial Circuit, in and for Lee County, Florida for disputes involving state claims and in the Middle District of Florida, Ft. Myers Division for federal claims. 012696COBRA 6 05110/00 9.04 9.05 INSURANCE COVERAGE. The Contract Administrator shall procure and maintain through the term of this contract the following insurance coverage. The Contract Administrator for the duration of this agreement shall maintain current insurance policies meeting the requirements herein identified. Renewal certificates shall be sent to the Plan Administrator thirty (30) days prior to any expiration date. Such certificates shall provide a thirty (30) day notification to the Plan Administrator in the event of cancellation or modification. Contract Administrator shall insure that all subcontractors of Contract Administrator comply with the same insurance requirements that the Contract Administrator is required to meet. Professional Liability Insurance. Limits of Liability- $1,000,000 each claim. $1,000,000 aggregate. Workers Compensation and Employers Liability Insurance covering all employees in compliance with all state and federal laws. Limits of Liability- Workers' Compensation- Statutory Limits of Liability- Employers Liability- $500,000 each accident. $500,000 disease- each employee. $500,000 disease- policy limit. Commercial General Liability Insurance including Bodily Injury and Property Damage Liability naming Collier County as an additional insured. Limits: Each Occurrence- $300,000 Personal Injury $300,000 General Aggregate $1,000,000 Products-Comp/Oper. Agg. $1,000,000 Official written notification to either of the parties shall be made to the following persons, certified mail, receipt requested: As to Plan Administrator: Risk Management Director Collier County Government 3301 East Tamiami Trail Naples, FL 34112 As to Contract Administrator: Corporate Benefit Services of America, Inc. dba Robey Barber Insurance Services Corporation 10159 Wayzata Boulveard Minnetonka, Minnesota 55343 012696COBRA 7 05/10/00 IN WITNESS THEREOF the Parties hereto sign their names as duly authorized officers and have executed this Agreement PLAN ADMINISTRATOR: attest as to ChltI'IaII'$ Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS col J.mR ~A Tim hy~Cons~a~ Chai~'lqan W1TNESSETH: CONTRACT ADMINISTRATOR: Corporate Benefit Services of America, Inc. Dba Robey-Barber Insurance Services Corp. 10159 Wayzata Boulevard Minnetonka, Minnesota 55343 012696COBRA 8 05/10/00 EXHIBIT A AMENDMENT TO ADMINISTRATIVE SERVICE AGREEMENT The Administrative Agreement, entered into by Collier County Govermnent and Corporate Benefit Services of America, Inc. dim Robey-Barber Insurance Services Corporation dated January 1, 2000 is hereby amended as provided in section 3 as required by the Employee Retirement Income Security Act of 1974 (ERISA) as that act is amended and regulated. The Contract Administrator, as the agent for the plan administrator, will receive and pay, in accordance with the following schedule, fees and commissions as reasonable compensation for services conducted in the ordinary course of business. FEES: Administrative Fees Per Employee Per Month: For: Claims Administration: Medical Option I Medical Option 2 HIPPA Denial COBRA Administration UR ServicearPPO Access One Time Set-Up Fee Prescription Drug Administration Large Case Management Subrogation Recovery Fee $8.30/employee. Includes on-site customer service representative at 2 days per week. $10.80 /employee. Includes on-site customer service representative at 5 days per week. $.35/employee $2.50/employee $.60/employee $2.00/employee $6,000.00 Per Direct Contract between County and Prescription Drug Provider. 25% of Recovery Contract Administration Contract Adminislration Contract Adminismition Contract Administration (if selected) Contract Administrator MC2000 Contract Administrator Prescription/Express Scripts Per hour/MC2000 Subrogation Advantage, Ltd. The above represents a true and accurate disclosure of the distribution of fees for the Plan Year beginning January 1, 2000 and are guaranteed for a period of two (2) years, ending December 31, 2002. Future amendments to EXHIBIT A may be executed by the Plan Administrator, through its Risk Management Director, upon approval by the Board of Commissioners. i96COBRA 05110/00